JPMorgan Chase AI Interview Tool Faces Massachusetts Law Class Action

• A proposed class of job applicants is challenging JPMorgan Chase's use of the AI-powered job screening platform HireVue in job interviews.
• The class claims that HireVue was used as a de facto lie detector test, which is prohibited by Massachusetts law.
• The First Circuit panel is considering the appeal and may rule on whether the lower court's dismissal was correct.

It’s exactly what you expect a lie detector to look like in the AI age,” Saint Cyr’s attorney Julian Diamond told the First Circuit panel during oral arguments Tuesday afternoon.

A proposed class of job applicants led by Massachusetts financial consultant Mozart Saint Cyr is seeking to revive their challenge to JPMorgan Chase's use of the artificial intelligence-powered job screening platform HireVue in job interviews. The class claims that the AI tool was used as a de facto lie detector test, which they argue is prohibited by state law. In an appeal to the First Circuit appeals court, Saint Cyr's attorney Julian Diamond argued that the complaint should not have been dismissed by a federal judge who concluded the claims were 'wholly conclusory' and insufficient to support the inference that Saint Cyr's one-way HireVue video interview was a de facto lie detector test.

The class is urging the First Circuit panel to overturn the lower court's dismissal, which they argue failed to consider the marketing language used by HireVue. The platform is marketed as a way to 'scale your lie detection' and make it more difficult for candidates to game the video interview process. Diamond argued that this language matches up exactly with what the statute says, and that JPMorgan Chase administered the test in violation of state law.

The First Circuit panel pressed Diamond for more details on the questions posed during Saint Cyr's interview, but he maintained that the complaint plausibly accused Chase of using a lie detector because of the marketing language used by HireVue.

Massachusetts law prohibits the use of lie detector tests in employment screening. The class is arguing that JPMorgan Chase's use of HireVue constitutes a de facto lie detector test, which would be prohibited under state law. This raises questions about the use of AI-powered job screening tools in Massachusetts and whether they comply with state regulations.

The case has implications for employers who use similar platforms to screen job candidates. If the First Circuit panel rules in favor of the class, it could set a precedent for other cases challenging the use of AI-powered job screening tools in Massachusetts. Employers may need to review their hiring practices to ensure compliance with state law.

The case also highlights the importance of considering the marketing language used by these platforms and how they are marketed to employers. The class is arguing that HireVue's marketing language, which emphasizes its ability to 'scale your lie detection,' suggests that it is being used as a lie detector test.

The case has significant implications for employers who use AI-powered job screening tools in Massachusetts. If the First Circuit panel rules in favor of the class, it could lead to changes in hiring practices and compliance with state law.

Employers should be aware of the potential risks associated with using these platforms and consider reviewing their own hiring practices to ensure compliance with state regulations. This includes considering the marketing language used by these platforms and how they are marketed to employers.

The case also highlights the need for clarity on the use of AI-powered job screening tools in Massachusetts and whether they comply with state law. Employers should be cautious when using these platforms and consider seeking legal advice to ensure compliance with state regulations.

Lawyers should watch for the potential implications of this case on the use of AI-powered job screening tools in Massachusetts, and consider advising clients to review their own hiring practices to ensure compliance with state law.

Source: Original reporting via Courthouse News