Real Versus Robot: Biometric Vetting In Hiring

Our recent post (Real Versus Robot) focused on the risks inherent in the virtual world of accidentally hiring a bot and provided some tips for ensuring bad AI-actors don't end up working inside an organization. Today's WSJ piece about how AI is forcing companies to return to in person interviews is another example of a practical approach to ensuring you've hired a human. That article discusses another suggestion for employers: using Clear (the airport security service) or other biometric devices to verify an employment applicant's identity.

While resorting to such technological advances are appealing, they pose legal risks in the hiring process that could increase rather than mitigate risk for employers. Federal and state law uniformly ban discrimination in hiring. To give effect to these laws, employers are generally prohibited from imposing pre-employment barriers that could lead to hiring decisions based on immutable personal characteristics (such as , for