The use of Artificial Intelligence (AI) in recruitment processes is growing in the Netherlands, with a fifth of Dutch companies utilizing it to automate the search for suitable employees. This trend, driven by the promise of efficiency, raises concerns about potential discrimination and the effectiveness of current regulations.

While AI offers significant advantages in streamlining recruitment, it also carries the risk of perpetuating biases, potentially discriminating against women and other groups. These biases may be embedded within the AI algorithms, leading to unfair evaluations of candidates without their knowledge.

The recently enacted Artificial Intelligence Act seeks to address these concerns, but it has faced criticism. The Act allows developers of AI systems to self-regulate, raising doubts about its ability to prevent discrimination. Furthermore, the Act’s vagueness and lack of clear connections to existing anti-discrimination laws weaken its impact.

To mitigate these risks, there is a call for greater oversight and accountability. Anti-discrimination organizations should be involved in the development of AI systems, and national authorities should have the power to independently assess whether an AI system is discriminatory. This shift in responsibility, from developers to independent bodies, is crucial to ensuring fairness and preventing the erosion of non-discrimination principles.

Ultimately, society must prioritize the right to non-discrimination and advocate for stronger regulations that hold tech companies accountable. The societal value of AI efficiency should not come at the expense of fundamental rights and equality.