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Law and AI in Hiring: Lessons from the EU on Reconceptualizing Risks and Rights
Citation. Rigotti, C., Potocka-Sionek, N., Aloisi, A., & Fosch-Villaronga, E. (2026). Law and AI in hiring: Lessons from the EU on reconceptualizing risks and rights. ILR Review. https://doi.org/10.1177/00197939261429875
Summary. This peer-reviewed legal analysis examines whether the European Union AI Act’s risk-based approach adequately protects job applicants’ fundamental rights in AI-supported hiring. It argues that risk management and rights protection should be treated as complementary, with participation through standardization, fundamental-rights impact assessments, and co-determination helping turn compliance obligations into meaningful accountability.
Key claims
- AI-based hiring spans tools for targeted job descriptions, résumé and application processing, automated interviews, and skill or knowledge assessment, exposing applicants to risks of discrimination, opacity, and diminished autonomy.
- The AI Act’s fixed risk classifications and reliance on self-assessment can miss harms when ostensibly lower-risk tools are repurposed or affect hiring outcomes indirectly.
- The authors argue that binding AI Act duties should be complemented by GDPR, equality law, and EU information-and-consultation rules so risk governance also protects fundamental rights.
- Stakeholder participation in standardization, co-designed fundamental-rights impact assessments, data-access rights, and enforceable consultation or veto points can make governance more accountable to affected applicants and workers.
Evidence & limitations
- Doctrinal legal analysis of the EU AI Act alongside data-protection, equality, product-safety, and industrial-relations law; it does not test the effects of specific safeguards in live hiring systems.
- Published online in ILR Review on 2026-03-22; the article offers regulatory and governance analysis rather than empirical estimates of discrimination, validity, or applicant outcomes.