If LinkedIn uses a defective algorithm that unfairly filters candidates, is that a form of negligence?

We recently published an in-depth article about whether laws such as the European Union Artificial Intelligence Act make the scoring, ranking, or matching of candidates against job openings illegal.

Today, I want to bring to you the perspective from a lawyer, but not one whose practice is focused on the EU, AI, job boards, recruitment, or any of the other usual suspects. Instead, Pride Doran, a trial lawyer with Doran & Cawthorne weighs in and his approach to combating this problem is one that we’ve rarely heard, but which we suspect we will hear more about.

Doran has more than 20 years of experience litigating against powerful entities to ensure individuals are treated fairly in complex legal disputes. His firm’s background in compliance and cyber risk insurance allows him to see how automated tools create new forms of liability for manufacturers and operators.

According to Dolan, “The EU AI Act does not make job seeker scoring illegal, but it classifies these systems as ‘high-risk,’ forcing them to meet strict standards for transparency and human oversight. If a recruitment marketplace like LinkedIn uses a ‘defective’ algorithm that unfairly filters candidates, it faces the same legal scrutiny [he applies] in product liability and maritime litigation.”

In other words, Doran treats biased AI as a form of negligence that can cause real damage to a person’s livelihood and lost income. Legislation like the EU AI Act “ensures that powerful companies cannot hide behind technology to avoid their responsibility to treat people with fairness and dignity.”