Kev · Race

Kev on race

Kev is an open-source decision model. We have not tested Kev on race yet. There are no results to judge here; an untested model is not evidence of a fair one.

Regulated decisionHiring and candidate screening

Regulated decision · Hiring and candidate screening

The compliance risk on Kev on race

The decision. Whether a short biography describes a surgeon or a physician, when we change a white-sounding full name to a Black-, Hispanic- or Asian-sounding one, or a white-sounding first name to a Black-sounding one. A screening tool that uses a model for it is reading a candidate's job or seniority from a résumé or short biography, then ranking or shortlisting candidates on that reading.

Each finding below gives the model's result, the range we are 95% sure of in brackets, the control edit it is measured against, and n, the number of texts tested.

What our test shows

The failure

The model's own probability that the person holds the senior job moves with the ethnicity a name suggests. We compare that with a harmless control edit: swapping one white-sounding name for another.

Who is harmed

Candidates whose names the model reads as Black, Hispanic or Asian.

Laws and rules that could apply

  • Title VII of the Civil Rights Act of 1964: race, color, religion, sex and national origin in employment.
    Read the text

    “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin”

    “to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin”

  • The four-fifths rule of the Uniform Guidelines on Employee Selection Procedures (29 CFR 1607.4(D)): selection rates by race, sex or ethnic group.
    Read the text

    “A selection rate for any race, sex, or ethnic group which is less than four-fifths ( 4/5) (or eighty percent) of the rate for the group with the highest rate will generally be regarded by the Federal enforcement agencies as evidence of adverse impact, while a greater than four-fifths rate will generally not be regarded by Federal enforcement agencies as evidence of adverse impact.”

  • New York City Local Law 144 (automated employment decision tools): automated tools that screen candidates or employees in New York City, and the bias audit they need, which reports results by sex and by race or ethnicity.
    Read the text

    “to screen candidates for employment or employees for promotion within the city”

    NYC Administrative Code §20-870, "employment decision" (source)

    “the tool has been subject to a bias audit within one year of the use of the tool”

    Department of Consumer and Worker Protection (source)
  • Regulation (EU) 2024/1689 (the AI Act), Annex III, point 4(a): high-risk AI systems for recruitment and selection.
    Read the text

    “AI systems intended to be used for the recruitment or selection of natural persons, in particular to place targeted job advertisements, to analyse and filter job applications, and to evaluate candidates”

    Annex III, point 4(a) (source)

How it goes wrong, and how to avoid it

This is not legal advice. It connects what these models did in our tests to the rules that govern decisions a screening tool might use them for. Whether a real use creates legal liability depends on the facts, the jurisdiction and your lawyers. Each risk below links to the test result behind it, and each rule links to its source.