Background Checks: Algorithmic Justice and State Regulations

In the evolving landscape of recruitment and workplace safety, background checks have become not just a formality but a cornerstone of hiring processes across various industries. As technology advances, the integration of algorithmic justice and enhanced state regulations are reshaping the future of background checks.

Companies like Turn Technologies are already innovating to adjust to these changing paradigms, ensuring fairness and compliance while leveraging data-driven efficiencies. This blog post explores the future of background checks, examines the regulatory environment, and highlights how Turn Technologies is leading the way.

Algorithmic Justice and Background Checks

Algorithmic Justice: This concept refers to the ethical and equitable use of algorithms in decision-making processes. In the context of background checks, algorithmic justice aims to eliminate bias and ensure fair treatment of all candidates. According to a 2021 report by the Brookings Institution, biased algorithms can perpetuate existing inequalities and discriminatory practices if not properly regulated (West et al., 2021).

One primary concern in the use of algorithms for background checks is the potential for profiling and discrimination. However, Turn Technologies uses a rule-based algorithm combined with artificial intelligence (AI) in a carefully controlled way. Specifically, the rule-based algorithm processes standardized data points, ensuring consistency and reducing human error. The AI integrations are confined to specific areas, like flagging data anomalies extracting data that is not properly structured.

Ethical AI Practices: By adopting a rule-based approach and using AI responsibly, Turn Technologies ensures that its system remains fair and unbiased. For instance, while Turn’s rule-based algorithms handle tasks like evaluating reportability standards for hits according to federal and local legislation, the AI components assist in only classifying dispositions that are complex in nature due to court official records. This segregation minimizes the risk of inappropriate profiling based on race, gender, or other sensitive attributes.

State Regulations and Future Directions

State regulations are evolving rapidly, focusing more on transparency and ethical use of technology in background screening. According to the Society for Human Resource Management (SHRM), there is a rising trend of state-specific regulations designed to protect candidate privacy and ensure fairness in hiring practices (SHRM, 2022).

California Consumer Privacy Act (CCPA): One influential regulation is the CCPA, which mandates stringent consumer privacy protections, including transparency in how personal data is used (SHRM, 2022). It emphasizes the need for companies to disclose their data usage policies and obtain explicit consent from candidates.

Illinois Artificial Intelligence Video Interview Act (AIVIA): Another pertinent regulation, the AIVIA, requires employers to inform candidates when AI is used to evaluate video interviews and mandates the deletion of such recordings upon request (SHRM, 2022). This regulation underscores the importance of transparency and candidates’ control over their data.

New York City’s law on AI, specifically Local Law 144 of 2021, regulates the use of Automated Employment Decision Tools (AEDTs) by employers and employment agencies. The law, which took effect on January 1, 2023, and began enforcement on July 5, 2023, mandates that any AEDTs used to assist in employment decisions must undergo an annual independent bias audit. Employers must publish a summary of the audit results, notify candidates and employees about the use of such tools, and allow for alternative evaluation processes if requested

Future regulations are likely to build on these precedents, requiring higher standards of transparency, candidate consent, and ethical AI use. Companies will need to demonstrate not just compliance but proactive steps toward eliminating bias and ensuring fairness.

Turn Technologies’ Adaptation to the Regulatory Environment

Turn Technologies is at the forefront of adapting to these regulatory changes and technological advancements. Here’s how:

Ethical AI Integration: Turn’s selective use of AI helps avoid pitfalls related to bias and profiling. By targeting AI use to specific, non-interpretive functions, Turn ensures fairness. For example, AI is used to assist in real-time data validation but decisions about candidate suitability remain under regulated human oversight to avoid biased outcomes.

Continuous Monitoring and Updates: Turn actively monitors regulatory trends and updates its practices accordingly. Regular audits and compliance checks are part of Turn’s standard operations, ensuring alignment with the latest state and federal regulations.

Conclusion

The future of background checks is steering towards an era characterized by algorithmic justice and stringent state regulations. Companies like Turn Technologies are setting the standard by embracing ethical AI integration and complying with evolving legislative frameworks. By balancing technological innovation with a commitment to fairness and transparency, Turn ensures that background checks of the future are more equitable and compliant. As we progress into this new era, businesses and candidates alike can have greater confidence in the integrity and fairness of the hiring process.

 

Turn Technologies is committed to forging a future where innovation and fairness go hand in hand, ensuring every background check stands up to the highest standards of integrity and accuracy.

References:

West, S. M., Whittaker, M., & Crawford, K. (2021). Discriminating systems: Gender, race, and power in AI. **Brookings Institution**. Retrieved from [Brookings](https://www.brookings.edu/research/discriminating-systems-gender-race-and-power-in-ai/)
Society for Human Resource Management. (2022). Employment Law and Compliance. SHRM. Retrieved from [SHRM](https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/default.aspx)

Disclaimer:

Turn’s Blog does not provide legal advice, guidance, or counsel. Companies should consult their own legal counsel to address their compliance responsibilities under the FCRA and applicable state and local laws. Turn explicitly disclaims any warranties or assumes responsibility for damages associated with or arising out of the provided information.

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