The California Fair Employment and Housing Council (FEHC) has recently proposed altering the state’s non-discrimination laws in regards to automated decision-making systems (ADS), including tools with artificial intelligence and machine learning used in the process of hiring employees. This change would hold employers who utilize these services accountable for any discrimination they may cause and employment agencies selling these services.

These automated decision-making systems often consist of algorithms used to screen resumes, test interviews, and measure personality traits, performance, and aptitudes throughout the employment process. An ADS assists the employer by automating employment decisions based on criteria. This proposal prohibits the intentionally discriminatory use of these algorithms and the neutral use that results in discriminatory outcomes. Often these systems are shown to exacerbate discriminatory patterns, failing to recognize skills and qualifications one might have due to their race, culture, criminal history, education, etc.

If this proposal is passed, it will ensure a more fair chance for all applicants, regardless of their background. It will push employers to improve their systems of employment to be more inclusive. The workforce would benefit from the skills of those discriminated against while rewarding merit instead of punishing differences. Automated decision-making systems and those utilizing them should be held to the standards of state non-discrimination laws, and it is the state’s duty to hold technology accountable as it evolves. Discriminatory systems enforce the cyclical nature of poverty, lack of education, and crime as they reject qualified individuals based on algorithms.

ADS typically discriminates strongly against those with criminal records. Easy Expunctions is passionate about helping you clear your record and setting yourself up for future success in employment, housing, and education. Easy Expunctions offers easy, fully-online expunction services at an affordable cost. Reclaim your fair chance by visiting EasyExpunctions.com or calling (866) 775-9983 and speaking to a friendly expert about your eligibility today.

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