Our July 2026 webinar “Ask Me Anything: Pay Equity and Transparency, Hiring Practices, Promotions, and Use of AI” featured Brian Marentette, Ph.D. and Thomas Carnahan, Ph.D. answering attendee questions about HR compliance from a science-based perspective. Here are some of the key questions and answers in case you missed it!
Answer: These tools often address different needs. Behavioral and cognitive assessments have a long history of research and are designed to measure job-related traits (e.g., cognitive ability, job knowledge, personality characteristics). Many newer AI tools are most commonly used earlier in the funnel for efficiency, especially resume screening and job matching when organizations need to narrow large applicant pools to those who are minimally qualified. In both cases, the key is aligning the tool to what the job requires for the candidate to be successful.
Answer: First, understand the problem you are trying to solve and confirm you truly need AI. Some organizations feel pressure to have an “AI strategy,” but if you’re screening a small volume of applicants, your recruiting team may be able to do the work without an AI screening tool. Second, evaluate the compliance risk. Adding an AI-powered chat feature generally presents lower compliance risk than using AI to make hiring or selection decisions, where regulatory and legal requirements are often more stringent. Consider a structured AI governance approach:
Answer: Continue to evaluate risk largely the same way because disparate impact liability remains actionable under federal law (and in many states). A practical approach is to conduct a step-by-step “funnel” analysis: look at applicant-to-hire outcomes and then evaluate each component (resume screen, assessments, interviews) to see where differences emerge. The focus should remain on job-relatedness and whether each step can be supported as consistent with business needs.
Answer: Work with counsel to identify where the biggest risks are (often the most restrictive jurisdictions) and consider implementing a consistent approach that covers those requirements broadly. Posting pay ranges is only part of the challenge: organizations need to be ready to explain how pay is determined, because transparency can drive employee and candidate questions about pay decisions. Conducting a market study and pay equity analysis are good ways to determine if your organization is ready to answer questions about your compensation philosophy, no matter what pay transparency laws you must follow.
Answer: Often annually, but the right answer depends on a variety of organizational factors. If it’s your first audit or you find many issues, more frequent check-ins (e.g., around six months) may be helpful. Volatility matters: layoffs, major hiring shifts, or mergers and acquisitions can change results quickly. Timing audits around compensation adjustment periods (annual and mid-year cycles) can also make the work more actionable.
If you have follow-up questions about these or other HR compliance matters, consider reaching out to Berkshire’s team for additional discussion. Berkshire can help you think through practical implementation steps, documentation needs, and ongoing monitoring approaches.