
Gaming techniques are used in a number of ways. For instance, many companies design a competitive test using game mechanics to find people with certain skill sets. Other companies are use game-style rewards to encourage applicants to provide more complete information
After I read this story, I immediately thought about the legal issues that could arise from the use of gaming techniques to screen job applicants. For instance, how do you accommodate an applicant with a disability? And does a game-based recruiting or screening method have a built-in age bias? What about a built-in gender bias? In my mind, this is another example of speedy technological change that the law will struggle to keep up with. Often, we do not have answers about the legal ramifications of the use of technology in the workplace at the time the technology is ready to be used. As a result, we are left with trying our best to analyze risks based on the current state of the law, sometimes only guessing how it may be interpreted in a particular situation.
Technological changes, such as Gamification, can make work easier and more productive. We just need to make sure that we have carefully thought about all of the ramifications of the use of such technology, good and bad, so that we are not blindsided by legal liability or other unintended consequences.
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