learn-ai-hr-with-phoebe / HR session 4 of 10
Learn AI + HR with Phoebe · HR track · Session 4 of 10

The screening slate: a reasonable shortlist that fails the law

Week 4 at Kestrel. 24 applicants, 12 interview slots, an AI screen doing the ranking. The shortlist looks fine. It scores 61 out of 100 on quality, which nobody would call alarming, and its adverse impact ratio is 0.09 against a 0.80 threshold - except nobody is measuring that, so nobody knows. Tonight you fix the screen one lever at a time and watch both numbers climb together.

🟡 HR track HR partners · recruiters · hiring managers Live simulator on this page 45 min
0-3 · Welcome 3-15 · How screens go wrong 15-42 · The simulator + your own funnel 42-45 · Q&A
Part 0

Where we are

You have a workspace and house rules (b1), five roles defined against real scorecards (b2), and a sourcing engine that filled the top of the funnel without spamming anyone (b3). Now 24 people have applied for the Senior Support Engineer role and there are 12 interview slots. This is the session where AI stops drafting and starts deciding - which is exactly the boundary rail 1 draws, and exactly where the law is waiting.

Live - presented in session Self-study - read after class ★ Try it now prompt Official sources covered
★ What you walk out with today The four-fifths rule computed by hand and understood in your bones, first-hand experience of a screen that looks reasonable and fails it, the five fixes that raise quality and fairness at the same time, the reason "we measured it" is not the same as "we fixed it", and a screening protocol you can put in front of your DPO.
Part 1 · covers the four-fifths rule + AEDT obligations

How a screen goes wrong without anyone writing a bad rule 6 min live

Nobody types "prefer candidates from prestigious universities". The screen just rewards what is visible on a CV - polish, prestige, an unbroken timeline, fluent phrasing - because that is what a document contains and what a language model is good at reading. Those signals travel with background. The result is a shortlist that looks defensible line by line and is indefensible in aggregate.

THE TEST Lower group's rate divided by the higher group's rate Below 0.80 evidence of adverse impact. Investigate. Above 0.80 not a clean bill of health. A signal, never a defence. WHAT PUSHES A SLATE UNDER IT Vague criteria polish wins Proxies school, postcode No evidence ratings from vibes Rater drift never calibrated Auto-reject no human look Each defect costs a specific person a specific seat. In the simulator, each one is worth exactly one. Small slates swing hard: one seat moves the ratio a lot. Check the wave, not just the slate.
🔍 Click to zoom - the four-fifths test, and the five defects that push a slate under it
LiveThe four-fifths rule, by hand3 min▶

It is one division. Take the selection rate for each group - shortlisted divided by applicants in that group - then divide the lower rate by the higher. Below 0.80 is treated as evidence of adverse impact under the long-standing US selection guidelines, and it is the number a bias audit reports.

GroupApplicantsShortlistedSelection rate
Group A121192%
Group B1218%
Ratio = 8% / 92%0.09 - fails
  • It is a screening signal, not a verdict. Failing starts an investigation. It does not by itself prove unlawful discrimination.
  • Passing is not a defence. A ratio above 0.80 with junk criteria underneath is still a bad process, and the criteria are what you would have to justify.
  • Aggregate as well as slate. Twelve seats means one person swings the number. Run it across the hiring wave too.
Real world

Nobody ran the division. A team used the same screen for eleven months. Every individual decision had a rationale, every rejection looked reasonable in isolation, and no one ever divided one selection rate by the other - the tool did not offer the number and nobody asked for it. The pattern was there from month one and was visible in about ninety seconds once someone finally looked. That ninety seconds is the entire content of the sixth lever below.

Self-studyWhen your screen becomes a regulated tool2 min read▶

Drafting a job ad is not an automated employment decision. Ranking or filtering a slate can be. Where a tool substantially assists or replaces a decision on hiring or promotion, obligations start attaching - and in New York City they already have: an independent annual bias audit, a public summary of its results, and at least 10 business days' notice to the candidate before the tool is used on them, enforced with penalties from $500 per violation up to $1,500 per day for continuing ones.

When a screen becomes a regulated tool - and under which law Does the tool assist or replace a hiring decision? drafting only ranking a slate, US ranking a slate, EU NOT REGULATED (YET) Drafting a job ad is not an automated decision NYC LOCAL LAW 144 Independent annual bias audit Public summary of the results 10 business days notice first $500 to $1,500/day penalties EU AI ACT - HIGH-RISK Risk mgmt, data governance, record-keeping, transparency, human oversight required Applies from 2 Dec 2027 Drafting a job ad is not regulated the way ranking or filtering a slate can be.
🔍 Click to zoom - the moment a tool ranks people, two regulators are already watching

In the EU, recruitment and selection AI sits in the AI Act's high-risk category, with obligations covering risk management, data governance, record-keeping, transparency and human oversight - now applying from 2 December 2027 after the Digital Omnibus postponement. As of mid-2026 that is the position; it has moved once already, so check it rather than quoting this page. Leader sessions a2 and a3 go through both in full. None of this is legal advice.

Part 2 · the live simulator

Fix the screen, one lever at a time ★ 14 min · everyone plays

Below is Kestrel's slate with every fix switched off. Read the shortlist first: twelve names, each with a reason, and the reasons sound like reasons. Then turn on the impact check - the dashed lever - and look at what was true the whole time. After that, fix it one lever at a time. Both numbers are computed live from whichever shortlist your levers produce; toggle them in any order you like and neither number ever goes backwards.

Six levers, six specific things each one fixes LEVER WHAT IT FIXES Structured criteria Evidenced must-haves, not "strong communicator" Scrub the proxies No school, prestige, postcode, name, photo, age Evidence per rating Every score cites the work sample or artifact Calibrate the raters Same rubric, two reads, talk through the gaps Human decision gate No auto-reject - a person sees the near-misses The impact check Computes the actual four-fifths ratio, live Turn on only the impact check and the ratio appears at 0.09 while quality does not move.
🔍 Click to zoom - one lever exposes the number, five levers fix what it exposes
How to play it in session Start with everything off: quality 61, and the impact ratio hidden. Turn on only the impact check - the ratio appears at 0.09 and the slate is blocked, while quality does not move a single point. That is the lesson most teams learn the expensive way. Now add the five real fixes in any order: structured criteria, scrub the proxies, evidence per rating, calibrate the raters, human decision gate. Each one is worth exactly one seat, and the ladder runs 61/0.09 to 68/0.20 to 75/0.33 to 83/0.50 to 91/0.71 to 100/1.00. Watch the red rows in the shortlist disappear one at a time, and read the list of people who were cut while being better at the job than someone you kept.
LiveWhat each lever is, on a real funnel5 min▶
  • Structured criteria - the must-haves from the role scorecard (b2), each one written so it can be evidenced. Replaces "strong communicator" with "explained a technical failure to a non-technical audience".
  • Scrub the proxies - remove school, employer prestige, postcode, name, photo, dates that reveal age, and stop penalising an employment gap. None of them are the job.
  • Evidence per rating - every score cites the work sample, the answer, or the artifact. A rating with nothing under it is an impression wearing a number.
  • Calibrate the raters - the same rubric, two independent reads on a sample, and a conversation about the gaps. Drift is not bias yet, but it is the vehicle bias travels in.
  • Human decision gate - no auto-reject at a score threshold. A person looks at the near-misses, which is where the best under-polished candidate always is.
  • The impact check - the dashed lever, and the one that behaves differently: it does not improve the ratio by a single point. It reveals it and blocks the slate. Measuring is not fixing - but a screen that never measures fails silently for eleven months.
The honesty rail The slate is synthetic and the AI screen here is a scripted teaching model. The arithmetic is real: both numbers are computed from your shortlist, and the ratio is the actual four-fifths division. A genuine bias audit under NYC LL144 is an independent annual audit by a third party - not a number on a course page, and not something you run on yourself.
Demo 1 of 2

Run the division on your own last hire ★ 8 min · everyone builds

Not a hypothetical funnel - the last role you actually filled. You will need applicants in, shortlisted out, split by whichever characteristic your organisation lawfully monitors. If you cannot get the data, that is the finding.

Take the last completed role. Count applicants per group and shortlisted per group. Use only data your organisation already collects lawfully for monitoring, aggregated - never build a new dataset about individuals for this exercise.

Compute each selection rate, then divide the lower by the higher. Write the number down before you interpret it.

If it is under 0.80, do not panic and do not explain it away in the room. Note it, check the aggregate across several roles, and take it to whoever owns this - it is a process question, not a personal verdict.

Now look at your criteria list for that role and mark every criterion you could not evidence from the application. Those are where the polish got in.

If you could not get the numbers at all: that is the most important thing you will find today. A process nobody can measure is a process nobody can defend.

Real world

The number that was fine and the criteria that were not. One team ran the division and passed comfortably at 0.91, then did the second half of the exercise anyway. Four of their nine criteria could not be evidenced from anything a candidate had submitted - they were rater impressions with numbers attached. The ratio had passed on a small sample and would not have kept passing. Passing the test is not the same as having a defensible process, which is why the exercise has a second half.

Demo 2 of 2

Write the screening protocol ★ 10 min · build your own

Turn tonight's six levers into a one-page protocol your team follows and your DPO can read. This is the artifact that makes the fix survive you being on leave.

Draft it with the prompt below, in your Kestrel workspace, with the scorecards loaded.

Edit hard. Add who runs the impact check, when, and what happens when a slate fails - the answer must be a real action, not "review".

Add the notice question from b1: what candidates are told, and how far in advance.

Take it to whoever owns compliance before the next slate, not after it.

★ Try it now - the screening protocolDraft a one-page screening protocol for this role, from the scorecard in this workspace. It must specify: 1) The must-have criteria, each written so it can be evidenced from something the candidate actually submitted. No criterion I cannot point at evidence for. 2) What is never a criterion or a tiebreaker: school, employer prestige, postcode, name, photo, age signals, employment gaps, writing fluency. 3) For each rating: what evidence is cited, and where it is recorded. 4) Calibration: how many applications get a second independent read, and who reconciles the gaps. 5) The decision gate: no automated rejection. Name the person who reviews near-misses. 6) The impact check: selection rate per monitored group, the four-fifths ratio, who runs it, and what happens if it comes out below 0.80. Then list every question you could not answer from the pack and who I should ask. Do not rank, score or name any individual candidate.
The version that produces the 0.09 slateHere are the applications for the Senior Support Engineer role. Score each candidate out of 10 on fit, communication and potential, and give me the top 12 to interview.
Why the second one fails before it starts Three undefined criteria, no evidence requirement, no calibration, an implicit auto-cut at rank 12, no impact check, and a model asked to score named individuals - which rail 1 says it never does. It is also the prompt most teams write first, because it sounds efficient. Efficient is what a bad screen is: it produces the same defensible-looking wrong answer faster than a person could.
Homework

Try it yourself - this week ◐ 30-45 min total

Source material

Official sources covered

Taught from public regulation and long-standing selection guidance. This course is education for HR professionals, not legal advice, and obligations vary by jurisdiction. This session covers:

✓EEOC Uniform Guidelines - the four-fifths rulePart 1 + simulator · computed live on the slate
✓NYC Local Law 144 - AEDT scope, independent annual audit, noticePart 1 · when a screen becomes a regulated tool
◐EU AI Act - Annex III employment high-risk, human oversightPart 1 · the 2 Dec 2027 position; full map in a2
◐Structured selection researchPart 2 · why the fairness fixes are also quality fixes
Check yourself

Three questions before you go 🎯 ◐ 90 seconds

1 · In the simulator, what does turning on the impact check do to the ratio?

The check is the only lever worth zero points on both meters, and that is the design. It makes a silent failure visible so the five real fixes can be applied. A screen that never measures fails for months without anyone noticing.

2 · Group A: 12 applicants, 9 shortlisted. Group B: 12 applicants, 3 shortlisted. What is the ratio and what does it mean?

25% divided by 75% is 0.33. Below the 0.80 threshold it is evidence of adverse impact - a signal that starts an investigation, not a verdict on its own, and not something a small sample excuses.

3 · Fixing the screen raised fairness from 0.09 to 1.00. What happened to shortlist quality?

This is the whole argument of the session. The defects were not protecting quality, they were costing it: every seat given to polish was taken from someone better at the job. Structure, evidence and calibration are selection quality practices first.

HR session 4 cheat sheet · pin this

Four-fifths rulelower group's selection rate over the higher group's. Under 0.80 is evidence of adverse impact.
It is a signalfailing starts an investigation; passing is not a defence and not a clean bill of health.
Measure the wavetwelve seats swing hard. Run the check on the aggregate as well as the slate.
The five fixesstructured criteria · scrub proxies · evidence per rating · calibrated raters · human decision gate.
Measuring ≠ fixingthe impact check moves neither number. It reveals and blocks, so the fixes can happen.
No trade-offquality 61 to 100 as the ratio went 0.09 to 1.00. The defects were costing quality all along.
AEDT questiondoes anything filter candidates before a human sees them? CV parsers and knockouts count.
Neverask a model to rank or reject named people. Draft criteria and guides; a person decides.