Never before has society been so acutely aware of inclusivity and, even more specifically, the efforts we must take to eliminate exclusion and discrimination against people and groups. This is especially true in the workplace, and not just within the framework established once an employee is onboarded. To bolster the hiring and retention of your workforce, businesses must engage in hiring practices that exclude people with disabilities — 26 percent of the U.S. adult population — from finding its listing, applying, qualifying for the role, and sustaining employment.
It has been conclusively proven that artificial intelligence algorithms used in corporate employment processes are highly biased against individuals with disabilities. To weed out anomalies in the hiring process, AI systems “necessarily produce and reflect a normative vision of the world,” as the AI Now Institute at NYU puts it. Nevertheless, AI’s understanding of the “normal” invariably excludes those with disabilities.
In response to the growing problem of disability discrimination that has been facilitated by artificial intelligence (AI) and algorithms, the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) Civil Rights Division recently issued guidance to employers clarifying how the Americans with Disabilities Act (ADA) limits the use of automated decision-making tools in the hiring and employment processes. The EEOC’s guidance is part of an initiative by the agency to ensure fair use of AI hiring tools, offering specific direction to employers on how they can avoid violating the ADA and the rights of prospective employees with disabilities.
Applications for job searches, publishing resumes, submitting online job applications, conducting online interviews, and AI CV screening should lend to accessibility, be consistent with disability employment legislation, and not discriminate against people with disabilities.As disability presents in different ways for different people, a lack of thorough and thoughtful human oversight poses elevated levels of risk for hiring and HR professionals, particularly when historical data is not informed to safeguard equity. To mitigate this risk, HR professionals must do everything in their power to best ensure the diversity of their workplace.
Mainstream adoption of digital accessibility is aligned with most corporate Diversity, Equity, and Inclusion (DEI) initiatives — the federal government now calls this DEI&A to account for Accessibility. To foster a workforce that reflects what you preach, as digital accessibility continues to hit the mainstream, hiring practices must be constructed with accessibility in mind. Businesses and organizations that aim to align all corners of their operations with DEI&A corporate initiatives must step back and work toward equal opportunity from the start.
Discriminatory Hiring Does Not Stop Once AI Bias Does
To help employers successfully overcome hiring discrimination risks, the Office of Federal Contract Compliance Programs (OFCCP) created a program, “Ensuring the Accessibility of Online Application Systems,” so that the online application process is accessible to people with impairments. To understand what constitutes an accessible hiring process, employers should consider several things. Five questions employers should ask themselves when measuring how recruiting and hiring practices impact employment and retention are:
- Does the employer have an online application system used as a method for accepting employment applications?
Putting a job application online or on a company’s Intranet increases accessibility. Applicants with dexterity or vision difficulties may need someone else to fill out paper or PDF forms. Despite the fact that an increasing number of businesses are committing to making reasonable accommodations for their employees with disabilities — providing them with the technology they need to work remotely, for example — the application process may be fraught with online barriers, preventing people with disabilities from applying in the first place.
- Do accessible non-online applications exist?
Although not all job applications are in an accessible electronic format, additional accessible versions may be available. Companies may accept Braille or audio applications. A hiring manager can also query applicants with vision difficulties verbally. Dexterity or vision-impaired applicants can scan forms into their computers, complete them in a word processor, then fax or email them to the HR manager.
- Is the employer’s online application compatible with assistive technologies?
A company’s job website must be accessible to blind and visually impaired users of screen readers, magnification, and color contrast software. Images and graphic interfaces should have text counterparts so screen readers can recognize them. Screen reader users must be able to easily find and enter form fields. PDF job applications should be interactive, computer-fillable forms that include a sensible tab order for screen reader and keyboard-only users. Content must be resizable for magnification software to work and can be resized if CSS style sheets are disabled, allowing users to contrast background and foreground colors. And of course, time limits must be extended — online exam questions may take longer for those who use screen readers or assistive tech.
- Are job application options accessible to individuals with mobility impairments?
Dexterity-impaired people must be able to use online job portals and applications with their keyboards. Each button, link, or form field must be activated by tab-to-enter. The arrow keys should navigate radio buttons and combo box options. If you can’t tab to an interface, apply a keyboard shortcut. As with assistive tech users, keyboard-only users need more time to complete online employment exams because tabbing across form fields is slower than clicking.
- Do hearing impaired applicants have visual options?
If a company’s job portal offers audio or video, it must have captions or transcripts, including workplace onboarding videos. The company must also provide sign language interpreters for interviews and employment fairs. HR workers should know how to receive a relay call from a hearing-impaired candidate seeking a job.
It’s Time for a Culture Change
Unfortunately, discrimination that’s based on an applicant’s disability is the EEOC’s No. 2 most frequently received complaint. Employers must take proactive steps to include people with disabilities in business processes. While it is unnecessary to completely eliminate old hiring practices, a shift must be made to increase the perspectives and the input people with disabilities have in hiring and retention. To achieve this, companies must first make open positions available to people with disabilities by mitigating automatic disqualification through either AI or more manual hiring practices.
The results of a culture shift toward a more diverse workforce are fruitful for the bottom line. According to the Boston Consulting Group’s 2017 Diversity and Innovation Survey, the innovation revenue of businesses that claimed to have more than the average amount of diversity was 19 percent greater than that of businesses that have less than the average amount of diversity across the organization. Companies with more diverse leadership generate nearly half of their income from products and services introduced during the prior three years, signaling a direct correlation between diversity and innovation — more perspectives seated around the table is a competitive edge.
Everyone, regardless of whether they live with disabilities, should have equal opportunities presented to them when applying for a job. The better processes that are in place to ensure people with disabilities have an equal shot, the more likely they are to find gainful employment. While agencies like the EEOC, the OFCCP, and the Department of Justice are doing their part to uphold standards and advocate for mainstream adoption regarding the employment of people with disabilities, businesses must implement appropriate safeguards that will also ensure they are doing the same.
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Colleen Wood is Chief People Officer at Level Access. Colleen brings over 20 years of HR experience to her role where she focuses on the most valuable resource: our people. She and her team are committed to creating an engaging and rewarding environment that cultivates exceptional performance and diversity of thought. In her role, she leads the company’s people strategy to drive talent acquisition and development, compensation and benefits, and employee engagement that support the company’s continued growth, innovation, and profitability. Colleen is passionate about building an award-winning culture of inclusion where all people feel a sense of belonging and their voices are heard.