Pause the claim pending required revalidation: Under US consumer-protection and employment-selection
A changed applicant population defeats the original accuracy assumption and requires new validation plus employment-impact analysis.
The question
A US employer used an AI screening tool for salaried applicants and advertised it as “95% accurate.” Validation covered only that population. The employer now applies it to hourly applicants with different work histories and job requirements, but has no subgroup results for them. Under US consumer-protection and employment-selection principles, what is the appropriate action before continuing the claim?
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- Pause the claim pending required revalidation. ✓The claim should not continue until evidence addresses the new population, subgroup effects, and employment-selection requirements.
- Add a disclaimer identifying the original salaried-applicant validation sample.Disclosure may clarify the claim’s basis, but it does not validate performance for hourly applicants or address selection disparities, job relatedness, and alternatives.
- Retain the claim because the model and vendor are unchanged.The validated population and decision context changed, so unchanged software does not substantiate accuracy for hourly applicants or their subgroup outcomes.
- Revalidate overall accuracy for hourly applicants before updating the advertisement.Population-specific validation is necessary, but overall accuracy alone does not address subgroup effects or whether the procedure is job related and appropriately justified.
The trap
When the validated population changes, pause the claim and reassess both advertising substantiation and selection-impact evidence. How to remember it
A changed applicant population defeats the original accuracy assumption and requires new validation plus employment-impact analysis.
How many of these would you get right?
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