an AI resume screener had been trained on CVs of employees already at the firm, giving people extra marks if they listed “baseball” or “basketball” – hobbies that were linked to more successful staff, often men. Those who mentioned “softball” – typically women – were downgraded.
Marginalised groups often “fall through the cracks, because they have different hobbies, they went to different schools”
What legal reason(s) do you have for needing to see their appearance when making a decision on whether to hire them? You may have some, such as requiring a professional appearance. These need to be spelled out in the job requirements. It also opens the doors to claims of illegal discrimination, since this will be on full display. In the US, that includes race, age, and gender. Having a required video can also reveal protected classes like familial status and religion, depending on what’s in the background.
Whether an action is “Legal” is almost always dependent on context, and the lawyers/courts involved. A common tactic by racist nightclubs is to set a dress code, particularly on shoes. The argument is they aren’t refusing entry based on race, but on clothing. But the unauthorized shoes are the ones commonly worn by people of the race they’re discriminating against. Different courts have made different rulings on whether this (and similar actions) constitute racial discrimination.
By that logic, in-person interviews should also be illegal.
I go back to my comment somewhere in this thread about some symphony orchestras doing double blind auditions. If that is your position, then your issue is with general hiring practices, not with this video submissions in particular.