Business

California Civil Rights Council Pushes to Regulate AI in Job Recruitment

The California Civil Rights Council proposed rules that prohibit the use of artificial intelligence (AI) during the job recruitment process last week. The amendments to FEHA were proposed early this year to regulate employment practices carried out by businesses, nonprofits, and government agencies. The council held a hearing during an official meeting at the University of California, Berkeley School of Law. The proposed amendments would make it a violation of state law to use automated systems to make hiring decisions in a discriminatory way.

Published

10 months ago

August 6, 2024

Oakland Post

iStock photo.

By Bo Tefu

California Black Media

The California Civil Rights Council proposed rules that prohibit the use of artificial intelligence (AI) during the job recruitment process last week.

The amendments to FEHA were proposed early this year to regulate employment practices carried out by businesses, nonprofits, and government agencies. The council held a hearing during an official meeting at the University of California, Berkeley School of Law.

The proposed amendments would make it a violation of state law to use automated systems to make hiring decisions in a discriminatory way.

Supporters say rules under the proposed Fair Employment and Housing Act (FEHA) law would protect employees from experiencing harassment or discrimination from their employer using AI software.

In recent years, AI has been used in every stage of the hiring process, stated tech experts at a council hearing on algorithms and bias. The experts acknowledged that AI systems were used in recruitment, screening, analyzing, and making recommendations based on applicant interviews, even as far as during employment.

“The Council has determined that the proposed amendments are not inconsistent or incompatible with existing regulations,” the council stated in defense of the proposed rules.

“Currently, there are no regulations expressly addressing the use of automated‐decision systems to make or assist in making hiring or other employment decisions,” the council added.

Under this proposal, employers are prohibited from using AI systems that screen out, rank, or prioritize applicants based on their religion, disability, and medical conditions. The law also prevents employers from using automated systems that make decisions based on voice, facial expressions, and other physical characteristics including gender, race, and nationality.

State legislators are still evaluating Assembly Bill (AB) 2930, another law similar to FEHA that requires employers to notify applicants that automated systems are being used to make decisions in the recruitment process.

The use of AI systems can result in discrimination against minority groups and worsen systemic inequality in the job market, the council stated. With these new AI bills, civil rights groups are advocating for equal opportunity and fair employment practices in the workforce.

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