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New York City recently enacted a new law that governs employer use of Automated Employment Decision Tools (AEDT) in hiring.

NEW LEGISLATION FOR AI USE IN THE HIRING PROCESS

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Translation Please...

People teams must now: 

1. Disclose information about AEDT use to new job applicants

2. Provide options to opt in or out of AEDT use

3. Offer alternatives that do not use AEDT

What Exactly do We Need to Do?

As a SaaS provider utilizing AEDT, HireVue (an HR Tech company) we must adapt our primary product.

New messaging and alternative options for users will need to be added.

 

This time-sensitive and crucial project will ensure compliance with this (and any future) law while retaining the current customer base and attracting new customers.

PLAN OF ACTION

I aim to implement a new UX flow that effectively informs job applicants about the use of AEDT. This feature will present applicants with the option to either opt in or opt out of AEDT usage and provide alternative methods based on applicant choices. This functionality will be integrated into the onboarding process of the interview, ensuring it is accessible and clear for all applicants. Importantly, the team intends to launch this feature before the passing of the law to stay ahead of compliance requirements.

RESPONSIBILITIES AS DESIGNER, COPYWRITER
  • Design user flow while maintaining UI consistency and utilizing existing components.

  • Conduct research to address NYC 144 and future laws.

  • Design a user flow that solves the current problem and accommodates multiple legal requirements in different areas.

  • Collaborate with I/O (industrial and organizational) psychologists and legal team to write messaging that meets all law requirements, providing accurate context for customers and candidates.

  • Develop prototypes for hand-off to the engineering team.

  • Ensure the design production aligns with established requirements.

LEVERAGE WHAT WE'VE ALREADY GOT

Building upon HireVue's implementation of a similar measure for the General Data Protection Regulation (GDPR) in Europe, I decided to leverage the previously established user flows. My objective was to create copy that would provide all necessary information to the candidate, irrespective of the specific law.

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Image of previously established GDPR user flow.

COPYWRITING NEEDS AND EXPECTATIONS

The copy needed to include insight from I/O psychologists on how it should be presented as well as what needed to be presented per the law. Legal provided the following list:

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  1. Make consent customizable as much as possible at each level

  2. Notify candidates that AI is going to be used and allow them to opt-in or opt-out

  3. Provide an alternative solution for candidates that choose to opt-out

  4. Provide transparency on what the candidate can expect (we can also provide a link to learn more about it)

Image of the final version I wrote; approved by the psychology, legal, and product teams.

The previous GDPR-based copy:

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I hereby allow HireVue to utilize automated decision making as part of the process for evaluating this video interview. I understand that if I decline, this may delay the processing of my video interview.

The new copy I wrote:​

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Before continuing you have the choice to allow or disallow the assistance of artificial intelligence (AI) in the interview process. AI assistance is only used to generate data points from the transcripts of your interview recordings and/or progress through the games. It does not consider your video data or any other information that could be taken from the recording. For further information, please review our AI Explainability Statement  (link provided).

 

If you do not allow the use of AI in the process, you can still take the interview and your submission will be sent to members of the hiring team for review.

NEW USER FLOW AND DESIGN 

The completed user flow for the mobile version.

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OUTCOME AND IMPACT

It was vital to our team that we not only lead the HR field in achieving compliance with this new law but by our speed, we could also show how much we value transparency and equality in the hiring process. We completed the project well before the deadline; our efficiency and commitment impressed the major stakeholders.

 

Additionally, we recognized that this law was part of a global trend. Regions worldwide were already introducing similar laws to educate candidates on data usage and scoring, empowering them to make informed decisions about their personally identifiable information (PII). With that in mind, we future-proofed the initiative to make it easier for the product and engineering teams to add new features or make adjustments as new laws were implemented.

Demo of the completed user flow and design on mobile.

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2024 Martha Elizabeth Design

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