The use of automated decision tools in recruitment has received an increasing amount of attention. In November 2021, the New York City Council passed a legislation (Local Law 144) that mandates bias audits of Automated Employment Decision Tools. From 15th April 2023, companies that use automated tools for hiring or promoting employees are required to have these systems audited by an independent entity. Auditors are asked to compute bias metrics that compare outcomes for different groups, based on sex/gender and race/ethnicity categories at a minimum.
Local Law 144 proposes novel bias metrics for regression tasks (scenarios where the automated system scores candidates with a continuous range of values). A previous version of the legislation proposed a bias metric that compared the mean scores of different groups. The new revised bias metric compares the proportion of candidates in each group that falls above the median.
In this paper, we argue that both metrics fail to capture distributional differences over the whole domain, and therefore cannot reliably detect bias. We first introduce two metrics, as possible alternatives to the legislation metrics. We then compare these metrics over a range of theoretical examples, for which the legislation proposed metrics seem to underestimate bias. Finally, we study real data and show that the legislation metrics can similarly fail in a real-world recruitment application.
Schedule a call with one of our experts
DISCLAIMER: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; Holistic AI does not recommend or endorse the contents of the third-party sites.
Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter. No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and website authors, contributors, contributing law firms, or committee members and their respective employers.
The views expressed at, or through, this site are those of the individual authors writing in their individual capacities only – not those of their respective employers, Holistic AI, or committee/task force as a whole. All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed. The content on this posting is provided "as is;" no representations are made that the content is error-free.
