In a recent webinar with former Equal Employment Opportunity Commission (EEOC) Commissioner Keith Sonderling, HireLogic discussed the organization’s stance on AI use in HR, as well as the opportunities and challenges AI presents in the hiring process. In the event, Sonderling, who views the current AI landscape with practical optimism, shared valuable advice on adopting a skills-based hiring approach. Below are the key takeaways from our discussion, or you can watch the full conversation here.

1. Discrimination claims are increasing.

Between 2022-23, the number of charges filed with the EEOC related to hiring increased by 25% across key areas of discrimination. Before the pandemic, employment discrimination cases had declined, averaging around 60,000 per year. However, since 2020, there has been a steady rise: from approximately 63,000 cases in 2020 to 74,000 in 2022 and around 80,000 last year, marking a 10% increase in just one year.

Sonderling noted that this increase is partly driven by societal issues, so HR departments should pay attention to what’s front and center in the news.

“We saw a huge spike in sexual harassment cases after the Me Too movement happened,” he said. “When the U.S. women’s soccer team got a lot of publicity about their class action lawsuit against the U.S. Soccer Federation, we saw more interest in equal pay. COVID brought forward lots of issues related to accommodations for disabled workers and religious workers when it comes to vaccines and political activism within the workforce.”

The growing number of cases over the past few years also demonstrates that there’s no sign of charges slowing down, so employers should get serious about adopting compliant hiring practices and leveraging AI tools to help mitigate biases.

2. AI has the potential to play an important role in supporting objective hiring practices.

AI-driven solutions are transforming how organizations approach recruitment by enabling them to capture objective hiring data at scale. This data-driven approach is essential for creating a transparent record of fair employment decisions, something that can be more challenging with traditional, human-based processes.

Sonderling pointed out that in conventional interviews—whether conducted in person or via platforms like Zoom—the interviewer is immediately exposed to characteristics like sex, race, skin color, nationality, disability or pregnancy. These are factors that the EEOC has ruled as unlawful to consider when making employment decisions. Yet, nearly 30% of interviewers form their opinion about a candidate within the first five minutes of the interview based on these quick judgments.

In contrast, well-designed AI solutions analyze candidates based on how well their skills and experience fit the job description. Solutions like conversational analytics, for example, filter out irrelevant personal details and small talk—factors that often contribute to unconscious bias. This ensures that candidates are evaluated based solely on their qualifications instead of personal attributes, promoting a more equitable hiring process.

“AI does not know male or female, does not know the color of your skin,” said Sonderling. “If it’s trained properly, it can help employers take a skills-based approach by being designed to only look at the characteristics relevant to the job based on what the employers believe is best for their business.”

3. Hiring practices must follow the law regardless of whether AI is used.

The potential for introducing bias into the hiring process through AI solutions makes some HR professionals wary of using them. But Sonderling emphasized that avoiding new hiring technologies won’t necessarily make an organization more compliant.

“Issues like employment discrimination and bias exist without AI. They have existed since before the [EEOC] was formed,” said Sonderling.

The same hiring and non-discrimination laws apply regardless of whether an organization uses humans, AI or both in the hiring process. Therefore, there is a clear benefit to leveraging AI to put data behind hiring decisions and promote a skills-based approach.

However, HR must strike a balance between human and AI processes for ideal outcomes that benefit both employers and candidates. AI should be used to complement human decision-making, not replace it. When implementing AI solutions, organizations should conduct adverse impact studies to ensure these tools aren’t disproportionately affecting protected classes. Regular audits are also critical to confirm that AI systems are being used appropriately and are not perpetuating human biases.

4. Don’t let regulatory uncertainty around AI deter you from using it.

Regulatory uncertainty around AI may cause hesitation in some organizations. However, avoiding the technology means the company may lose out on advantages and cling to outdated practices that have historically led to issues like bias. A study revealed that 76% of HR leaders believe that if their organization does not adopt AI solutions in the next 12 to 24 months, they will be lagging in organizational success compared to those that do.

Rather than allowing the lack of clear regulation around AI to stall adoption, Sonderling recommended focusing on complying with laws that are already in place and staying informed as they evolve.

“Our laws may be old, but they’re not outdated,” he said. “They’re going to apply to any decision that HR departments make, whether those decisions involve human judgment or algorithm-driven tools.”

Drawing from his experience leading an organization that has enforced employment laws for nearly 60 years, Sonderling said he views AI as the next evolution in already available HR-focused technology. While there are limitations and uncertainty around AI, bias already exists in human-driven processes. With the right technological and process safeguards, AI can be a powerful force for driving fairness in the workplace.

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