Service desk question: requirements for a matching tool

A question came in via the service desk about requirements for an AI matching tool used for recruitment and selection. Specifically, it was about the requirements that can be derived from anti-discrimination legislation.

ECHR

The ECHR is primarily aimed at governments and not directly applicable to companies. The EU's "Equality Directives" are more applicable, these are incorporated into national legislation of the EU member states.

Dutch laws:

Equal Opportunities in Recruitment and Selection Act

Based on the Article 2a (paragraphs 1, 2 and 3) added to the Dutch Working Conditions Act (arbeidsomstandighedenwet), you can define abstract requirements that a matching tool must meet. The other parts of the proposal contain similar wording.

General Equal Treatment Act

The main issue here is the prohibition of discrimination (Article 5). A matching tool should probably operate within these rules. The definition of distinction (Article 1) is therefore important. So, you can look at indirect discrimination, which is a more likely problem than direct undercutting. You can also possibly include the exceptions (Article 2), as examples of what a matching tool can add.