Many employers think that by using artificial intelligence (AI) tools in their recruitment and hiring processes, they reduce the chances of discrimination. It makes sense that by eliminating the role of humans, at least in the early stages, they’d also eliminate human biases.
That’s not necessarily the case. These automated-decision systems that use AI can actually reflect and even exacerbate biases — within a company or of the people who created the programs — that result in employment discrimination.
New regulations from the California Civil Rights Council
That’s why the California Civil Rights Council recently finalized regulations to clarify how these automated-decision systems co-exist with employment discrimination laws. They’re scheduled to take effect on Oct. 1 of this year.
The regulations require employers to maintain any automated-decision data for at least four years. They also clarify, for example, that the use of an automated-decision system can be a violation of the law if it “harms applicants or employees based on protected characteristics, such as gender, race, or disability,” according to the California Civil Rights Department.
One member of the Civil Rights Council said that these updated regulations “help address forms of discrimination through the use of AI, and preserve protections that have long been codified in our laws as new technologies pose novel challenges.”
Why applicants and employees should know about these regulations
The use of these technologies is largely invisible to applicants and employees whose careers may be affected by them. What’s important to know, however, is that turning part of recruitment, hiring and even promotion to automated processes doesn’t eliminate the possibility of illegal discrimination.
In fact, as noted, it may unintentionally worsen it. Further, employers can still be held liable for illegal discriminatory actions even if they’re the result of decisions that arise from these automated systems.
The more that Californians know about their rights and the law, the better they can protect and advocate for those rights. Getting experienced legal guidance can improve their chances of prevailing if they’ve been harmed by illegal discrimination.