Fair by Design? The Legal and Ethical Challenges of Algorithmic Hiring

This paper critically examines the promise and pitfalls of algorithmic hiring systems through a legal and ethical lens. Focusing on cases such as Pymetrics, HireVue, and Amazon’s résumé screening tool, we explore how automated decision-making in recruitment, despite claims of neutrality and fairness, often reproduces or amplifies existing social inequalities. Drawing from recent legal scholarship and normative theories of algorithmic fairness, we show how systems designed to minimize human bias can inadvertently encode discriminatory assumptions into technical infrastructures. The paper analyzes competing fairness frameworks and emphasizes that fairness is not a purely technical feature, but a normative commitment that must guide every stage of system development and deployment. We argue for a shift from reactive audits to proactive, participatory governance models grounded in transparency, inclusiveness, and accountability. Through the “Developer’s Model for Responsible AI”, we propose a structured, lifecycle-based approach to operationalize fairness in algorithmic systems, especially in sensitive domains like employment. Ultimately, the paper contends that ensuring justice in AI is not only a technical challenge but a democratic imperative.

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Publication Details

Journal
Studies in Law and Justice
Published
2025-08-15
DOI
https://doi.org/10.56397/slj.2025.08.01
Primary Topic
Sharing Economy and Platforms
Type
article
Field-Weighted Citation Impact
0.00
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article

Fair by Design? The Legal and Ethical Challenges of Algorithmic Hiring

Enya Carolina Silva da Costa, Alexandre Pacheco da Silva
Studies in Law and Justice
Sharing Economy and Platforms
article

Fair by Design? The Legal and Ethical Challenges of Algorithmic Hiring

Enya Carolina Silva da Costa, Alexandre Pacheco da Silva
article en

Abstract

This paper critically examines the promise and pitfalls of algorithmic hiring systems through a legal and ethical lens. Focusing on cases such as Pymetrics, HireVue, and Amazon’s résumé screening tool, we explore how automated decision-making in recruitment, despite claims of neutrality and fairness, often reproduces or amplifies existing social inequalities. Drawing from recent legal scholarship and normative theories of algorithmic fairness, we show how systems designed to minimize human bias can inadvertently encode discriminatory assumptions into technical infrastructures. The paper analyzes competing fairness frameworks and emphasizes that fairness is not a purely technical feature, but a normative commitment that must guide every stage of system development and deployment. We argue for a shift from reactive audits to proactive, participatory governance models grounded in transparency, inclusiveness, and accountability. Through the “Developer’s Model for Responsible AI”, we propose a structured, lifecycle-based approach to operationalize fairness in algorithmic systems, especially in sensitive domains like employment. Ultimately, the paper contends that ensuring justice in AI is not only a technical challenge but a democratic imperative.

Studies in Law and JusticeVol. 4(4)
Science and Technology Policy Institute (KR), Universidade de São Paulo (BR)
Openalex Percentile: Top 72%
Sharing Economy and Platforms
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