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Companies and executives around the world understand the incredible power of AI and are racing to integrate the technology into their business practices. At the same time, governments and regulators around the world are introducing new laws and guidelines to ensure AI tools are used ethically and responsibly.
The Changing Landscape of AI Regulations
This is particularly true in the area of HR & recruiting. Leveraging AI in hiring has the potential to level the playing field for talent, removing biases and ensuring the best person gets the job AND help companies save 95% of the time, money and effort they spend on hiring today.
But, with great power comes great responsibility; misuse of AI or data in the HR & recruiting space has the potential to be very damaging and needs to be monitored closely. Braintrust is committed to staying ahead of the curve and ensuring full compliance with current and emerging laws with our AI recruiter, Braintrust AIR.
The rapidly evolving regulatory landscape for AI can be difficult to follow. In this article, we offer a comprehensive breakdown of regulations that exist today and explain how you can ensure you remain compliant.
European Union (EU)
The EU implemented the Artificial Intelligence Act in March 2024. The new law classifies AI technology based on risk and provides specific requirements to ensure that AI systems are trustworthy, transparent, and accountable at every risk level.
Recruiting and hiring naturally fall into the “high risk” category due to the potential impact on people’s livelihood. The EU has specific registration and disclosure requirements for high-risk AI, which Braintrust AIR will, of course, comply with.
To ensure ongoing compliance, Braintrust AIR undergoes routine rigorous assessments, which include:
- Evaluation: Human assessment of the system against EU regulatory standards.
- Documentation Review: Review of technical specifications and data governance practices.
- External Audits: Independent audits by bodies designated by EU member states.
- Post-Market Monitoring: Ongoing monitoring and reporting of the system's performance, model drift, and quick resolution of incidents.
It is also important to note that Braintrust AIR keeps human oversight a key part of the hiring process. There is no solely AI-driven decision on whether a candidate should be hired. Braintrust AIR provides context, information, and assistance, but the recruiting team and hiring manager will always make the hiring decision.
Like the EU AI Act, Canada’s Artificial Intelligence and Data Act (AIDA) regulates using “high-impact” AI systems. The AIDA guidelines and regulations have not been fully determined and will be enforced beginning in 2025.
California
The California Consumer Privacy Act (CCPA or Prop 24) grants California residents rights regarding their personal information, including the right to know, delete, and opt out of the sale of personal data.
Braintrust AIR is fully compliant with CCPA. Our Terms of Service clearly inform candidates about their data rights and ensure they can exercise these rights easily. Our AI systems are designed to protect personal information and respect candidate privacy. No PII is used in Braintrust AIR”s scoring, grading, matching, or interviewing processes.
New York
New York City’s Automated Employment Decision Tools (AEDT) law requires employers to conduct bias audits of their AI tools and disclose their use to candidates.
Braintrust AIR undergoes regular bias audits to ensure fairness and transparency. We provide candidates with detailed information about the AI tools used in their assessment and ensure that our processes meet the AEDT requirements.
Maryland
Maryland’s AI law HB 1202, requires employers to obtain consent from candidates before using facial recognition technology during interviews.
Braintrust AIR complies with Maryland’s consent requirements by informing candidates about using facial recognition technology and obtaining explicit consent before use.
Illinois
Similar to Maryland AI law, the Illinois Artificial Intelligence Video Interview Act requires employers to notify candidates about using AI in video interviews and obtain their consent.
Braintrust AIR ensures compliance with Illinois law by providing clear notifications to candidates and obtaining their consent before conducting AI-powered video interviews. We also explain how the AI system works and how it will be used in hiring.
Anti-Discrimination Laws
Anti-discrimination laws, such as Title VII of the Civil Rights Act in the U.S., prohibit discrimination in hiring based on race, color, religion, sex, or national origin.
Braintrust AIR is designed to comply with all anti-discrimination laws by ensuring that our AI recruiting tools are free from bias. We conduct regular audits and update our systems to prevent discriminatory practices and promote equal opportunity for all candidates.
Privacy Regulations
Privacy regulations (such as GDPR) worldwide aim to protect individuals’ personal information and ensure it is used responsibly.
Braintrust AIR prioritizes data privacy and security. We implement stringent measures to protect candidate information, ensure compliance with global privacy laws, and provide candidates with control over their data.
Conclusion
Braintrust is committed to providing compliant, ethical, and transparent hiring solutions for talent and employers. We continuously monitor and adapt to regulatory changes to ensure our platform meets the highest compliance standards. Employers can trust Braintrust AIR to support their hiring needs while adhering to all relevant laws and regulations, fostering a fair and inclusive hiring process.
If you have any questions about how existing regulations impact your ability to leverage Braintrust AIR in your hiring process, please reach out to support@braintrust.com