  Employment selection processes that use automated hiring systems based on
machine learning are becoming increasingly commonplace. Meanwhile, concerns
about algorithmic direct and indirect discrimination that result from such
systems are front-and-center, and the technical solutions provided by the
research community often systematically deviate from the principle of equal
treatment to combat disparate or adverse impacts on groups based on protected
attributes. Those technical solutions are now being used in commercially
available automated hiring systems, potentially engaging in real-world
discrimination. Algorithmic fairness and algorithmic non-discrimination are not
the same. This article examines a conflict between the two: whether such hiring
systems are compliant with EU non-discrimination law.
