Could AI reject your resume? California takes action to protect applicants

Protecting people from automated bias understandably gets a lot of attention, but sometimes hiring software marketed as intelligent makes stupid decisions. Wearing glasses or a headscarf or having a bookshelf in the background of a video interview can skew personality predictions, according to an investigative report by Bayerischer Rundfunk. The same goes for the font a candidate chooses when submitting their resume, according to researchers at New York University.

California’s proposed regulations are the latest in a series of initiatives to protect workers from companies that use harmful forms of AI.

In 2021, New York City lawmakers passed a law to protect job applicants from algorithmic discrimination in hiring, although researchers at Cornell University and Consumer Reports recently concluded that the law was ineffective. And in 2022, the Equal Employment Opportunity Commission and the U.S. Department of Justice clarified that employers must comply with the Americans with Disabilities Act when using automated processes in hiring.

Meanwhile, the California Data Protection Commission is considering a draft rule that would, among other things, specify what information employers can collect about contractors, job applicants and employees. The commission would be able to view the data collected by employers and opt out of such collection or require human review.

The pending legislation would give further authority to the draft overhaul’s author, the California Department of Civil Rights. California Assembly Bill 2930 would allow the department to require impact assessments from companies and government agencies that use AI to protect them from automated discrimination.

Outside of government, union leaders are now increasingly arguing that rank-and-file workers should be able to judge the effectiveness and dangers of AI to protect the public. Labor representatives have been in talks with California officials about specific projects experimenting with the use of AI.