D.K. v. Intuit/Hirevue

D.K. v. Intuit/Hirevue

What’s at Stake

Employers are using artificial intelligence (AI) hiring tools, such as software that uses AI to analyze recorded video interviews, that disproportionately reject some applicants based on their disability and race.

Summary

D.K. is Indigenous and is a Deaf woman who speaks with a deaf accent. She was denied a Seasonal Manager position at Intuit after she completed an automated video interview and assessment from a third-party vendor, HireVue. HireVue’s software works by transcribing videos recorded by the applicant in response to questions asked orally by an “interviewer” in a pre-recorded video shown to the applicant. However, HireVue’s transcription software does not accurately transcribe words spoken with an accent, such as D.K.’s deaf accent. And the algorithm that analyzes the transcript has been shown in numerous studies to be biased against disabled and non-white applicants who may have different speech patterns, word choices, and accents than white applicants. On top of that, despite Intuit telling D.K. that the questions in the video interview would have subtitles, many of them did not have subtitles, making it harder for D.K. to understand what was being asked of her.

D.K. had worked for Intuit for more than five tax seasons, during which she received positive feedback and annual bonuses based on her outstanding performance.  She had the experience, training, and qualifications needed for promotion to the Seasonal Manager role. Yet, after the HireVue assessment, she was denied the promotion. To add insult to injury, after she was notified that she did not get the promotion, she received an email from Intuit with feedback about how to improve on the HireVue assessment, including directing her to focus on her communication style and to “practice active listening.”

Core Legal Problem

D.K.’s Complaint of Discrimination, filed with the Colorado Civil Rights Division and the U.S. Equal Employment Opportunity Commission, alleges that Intuit and HireVue violated the Colorado Anti-Discrimination Act, the Americans with Disability Act, and Title VII of the Civil Rights Act of 1964 when Intuit used HireVue’s technology that has a disparate impact on people based on their disability and race.