Artificial intelligence (AI) has taken the world by storm, and it continues to be used in innovative ways.
Unfortunately, some of those ways may inadvertently lead to discrimination when it comes to hiring, promotions and other employment practices. California is among the latest states to consider rules that would put restrictions on the way that AI can be used by employers (including both state and local government entities) so that employees are protected.
The concern over discriminatory algorithms is growing
Laws designed to curb AI-based discrimination in employment decisions have already been passed in New York City, Maryland and Illinois – and another is slated to go into effect in Colorado in 2026.
If the California Civil Rights Council has its way, new amendments would be added to the Fair Employment and Housing Act that would clarify the way that AI can and cannot be used in employment decisions. AI tools would not be barred, but employers would have a new responsibility to make sure that accidental discrimination does not occur.
To that end, AI tools would not be able to rank job applicants in any way that would rank applicants based on medical conditions/disabilities, religion, race, national origin, gender or vie other protected characteristics. This includes the use of tools during interviews that are designed to scan an applicant’s voice, facial expression and other physical characteristics.
AI is not inherently discriminatory, but they often learn from historical data that can contain biases. That can cause the tools to perpetuate the biases by factoring certain groups over others or disadvantage candidates who do not fit a stereotypical “model” due to their race, native language, gender or gender expression.
Employment discrimination can happen at any stage – from hiring to promotions to firing. If you believe that you’ve been victimized, it may be time to explore your legal rights.