Algorithm-Driven Hiring Tools and Disability Discrimination
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As employers strive to make their hiring processes faster and more efficient, algoithm-driven hiring tools are growing increasingly popular. Vendors market these tools as an efficient way to identify skills, aptitudes, and "cultural fit". But while algorithm-driven hiring tools may offer quick solutions, faster does not always mean better. This is especially true when these tools reinforce disability-based discrimination in ways that may violate the Americans with Disabilities Act (ADA).
A new report from CDT explores employers' potential liability under the ADA when they use algorithm-driven hiring tools. Employers must provide hiring tests in formats that are accessible to people with disabilities, only use selection criteria that assess a person's ability to perform essential job functions, and provide reasonable accommodations throughout. Our repot explains how algorithm-driven hiring tools may fail to meet these obligations, instead amplifying hiring disparities for disabled people — many of whom face employment barriers at multiple levels of marginalization.
Algorithmic discrimination based on disability is uniquely difficult to quantify or to mitigate as people can have vastly different experiences of each of the many kinds of disabilities. Regardless, algorithm-driven hiring tools must be designed, examined, and regulated with this diversity of disability experiences in mind. Our report explains steps that employers, vendors, policymakers, and job-seekers can take to make these tools fairer, improve their accuracy, and increase accountability. We hope our report guides stakeholders to ensure that these tools do not push people with disabilities further out of an already biased and ever-evolving job market.
You can find more from CDT's Privacy & Data Project here. The report is available here, and the plain language version is available here.
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In Case You Missed It
This week, we announced that experienced civil rights leader Laura W. Murphy will join CDT's Board of Directors. Laura has spent 40 years working in government and advocacy, including 17 years leading the ACLU Legislative Office, where she advanced executive branch policies and federal legislation on free speech, national security, internet privacy, and LGBT and civil rights. "Laura is a recognized leader who works tirelessly to put civil rights and civil liberties at the center of technology policy. She has spent decades advocating on a range of issues that sit at the core of CDT's work — freedom of expression, freedom from surveillance, consumer privacy, anti-discrimination, and more," said Alexandra Givens, CDT President & CEO. "We're thrilled to benefit from her leadership and expertise, no longer as just an ally of CDT, but as a board member."
The Global Encryption Coalition (GEC), led by CDT, the Internet Society, and Global Partners Digital, recently released a new technical report, "Breaking Encryption Myths". The report examines and challenges several methods for moderating content in end-to-end encrypted systems that were described in a draft European Commission report leaked in September. The GEC report noted that each method would require breaking end-to-end encrypted systems with a form of backdoor access, presenting security and privacy risks for billions of uses worldwide, and called upon EU policymakers and lawmakers to consider the serious risks of requiring communications service providers to detect prohibited content.
With the presidential transition underway, CDT joined an open letter urging the new administration's agency review teams to prioritize civil rights and technology equities as they work to revitalize agencies across the government. The letter asked that the incoming administration recruit a diverse range of voices and expertise on technology policy at all levels, and that agencies have dedicated technology and civil rights staff working closely with primary decision-makers to evaluate equity impacts of new rules, agency actions, and the behavior of the industries those agencies regulate.
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CDT in the Press"Section 230 is a foundational principle for protecting users' voices online. It allows platforms to host a wide array of public speech without worrying they'll be sued for every comment posted on their service — and, critically, it allows them to respond to things like hate speech and misinformation," said Alexandra Givens, CDT President & CEO, speaking to the San Francisco Chronicle about how the incoming Biden administration might address misinformation online.
"These patterns in the count were really easy to spin into a malicious narrative," said Will Adler, CDT Senior Technologist for Elections and Democracy, speaking to the Philadelphia Inquirer about how laws governing how absentee ballots are counted contributed to misinformation about the 2020 elections.
"Don't get rid of the thing you've done in the past...build on it," said Elizabeth Laird, Director of CDT's Equity in Civil Technology Project, speaking to Pittsburgh's Public Source about how school districts should use lessons learned over time to better understand what processes and practices best protect student and staff privacy and information in the age of digital learning.
Iverna McGowan, Director of CDT's European Office, appeared on CNBC International to discuss the recent Congressional hearings featuring executives from Facebook and Twitter, the importance of transparency and accountability in content moderation, and what policymakers in the U.S. and Europe should consider.
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CDT "in Person"CDT' fourth annual Future of Speech Online event, hosted virtually for the first time, took place this week with daily sessions from 11:00 AM-noon Eastern. The event explores key technical concepts in the encryption policy debates, the encrypted communications tools that underpin social movements and the work of journalists, and possible approaches to moderating content in end-to-end encrypted systems. You can view the week's videos on our YouTube channel.
In November, CDT Europe hosted an event with the United Nations Human Rights Regional Office for Europe, keynoted by European Commission Vice President for Values and Transparency Věra Jourová. Panelists discussed how the incoming European Democracy Action Plan and Digital Services Act could help better protect European democracy in the digital age. You can read our takeaways on next steps for EU policymakers here, and watch the recording here.
CDT's Avery Gardiner participated in a Brookings Institution event about the future of antitrust policy in a Biden administration. She urged the incoming administration to "breathe new life into Section Two," and go beyond antitrust definitions to think about competition more broadly. You can watch the recording here.
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Partner Spotlight
Here at CDT, we are working to ensure that everyone has equal access, protections, and representation in the tech world. We cannot do that work without the help of dedicated partners like the American Association of People with Disabilities (AAPD). Together, we have worked to ensure that people with disabilities have a voice in our health privacy work, our work on algorithmic fairness, and other areas. You can learn more about the work of AAPD at www.aapd.com.
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Staff Spotlight
Hugh Grant-Chapman, Research and Communications Associate, Student Privacy Project
How long have you been working in digital rights? I joined CDT in April of this year, which marks the beginning of my work directly in the digital rights space. Prior to this, I worked on tech policy issues like AI safety and governance while interning at CSIS, an international relations think tank, and I've previously worked as a software designer and developer at a couple of tech start-ups.
What is your proudest moment while here at CDT? In October, the Student Privacy team released a research report based on findings from polling and focus groups we conducted over the summer. I started work on this project shortly after joining the team — and it was the first major release that I supported from start to finish — so I was excited to see the final product released into the world.
What is the best book you've ready recently? I just finished The Uninhabitable Earth by David Wallace-Wells, a powerful (but very disturbing) exploration of the societal impact of climate change over the next several decades. Prior to that, I read Harrow the Ninth, the second book in Tamsyn Muir's beautifully bizarre sci-fi series about angsty teenage necromancers. I'd strongly recommend both!
What is the most recent cultural activity you've been to? While bartending/barista-ing at a Nordic restaurant in DC this past year, I helped host a virtual celebration of Vappu, a Finnish holiday that features mead, Finnish donuts, washing statues, and festive hats (truly a winning combination of good things).
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