Popular Culture Review Volume 30, Number 1, Winter 2019 | Page 182

Popular Culture Review 30.1
would be innocuous amongst a large number of other criteria . Similarly , facial features could also be used to potentially spot genetic disorders in potential applicants and exclude them . 26 While this possibility may potentially run directly into the protections offered under the Genetic Information Nondiscrimination Act into Title VII , no courts have yet faced this issue . 27 While the true extent of the possibilities in terms of facial recognition programs on hiring have yet to fully be explored , it is data in use today and the dangers are real . 28
Employers collect applicant data and compare it against data gathered from existing or former employees looking for factors that emerge as strong predictors of future success . One algorithm might have over 100,000 individual possible data points that are potentially scorable . 29 However , for many candidates , there will be missing data . An algorithm may score results for each candidate based on only 500 data points ; however , those data points may not be the same from candidate to candidate . 30 Once the traditional and nontraditional data are combined , employers can begin to screen passive or active job applicants , or even target how employee training resources are allocated . Once employers develop a profile of an ideal candidate , they can begin to search for either current or potential applicants who will fit into that mold such as the prior example of one company favoring applicants for a programming position who visited websites that provide Japanese Manga . 31 This also allows employers to exclude applicants due to potential for absenteeism , safety incidents , or probability of turnover . 32 Applicants may be excluded not because they might actually have a high rate of absenteeism , but because they fit the company ’ s profile of someone who might . As an example , the distance an applicant lives from the workplace has been used to disqualify applicants . 33 Losing out on an employment opportunity because a person ’ s social media
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