Tala Doumani is a student at Harvard Law School.
California’s Fair Employment and Housing Council (FEHC) recently drafted a bill to ensure artificial intelligence (AI) and other related technologies used by employers in recruiting, hiring, and other employment decisions comply with anti-discrimination laws. In a working draft released to the public, the bill states that “the use of and reliance upon automated-decision systems that limit or screen out…applicants based on protected characteristic(s) set forth in this Act may constitute unlawful disparate treatment or disparate impact.” California’s concern about the increased role of AI and other related technologies have on employment decisions, combined with their general lack of regulation, has been shared by the U.S. Equal Employment Opportunity Commission (EEOC). In October 2021, the EEOC launched an initiative on artificial intelligence and algorithmic fairness, stating that it “is keenly aware that these tools may mask and perpetuate bias or create new discriminatory barriers to jobs. We must work to ensure that these new technologies do not become a high-tech pathway to discrimination.”
If passed, the bill could expose employers to new liability for using these types of technologies in employer-related decision-making if non-compliant with anti-discrimination laws. The draft bill is currently in its pre-rule-making phased and the FEHC is accepting public comment on the matter at [email protected].
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October 12
Workers at the Obama Foundation begin organizing; MLB submits its latest collective bargaining agreement proposal; Brigham & Women's nurses postpone strike.
October 11
UAW President Shawn Fain succeeds in his reelection bid, and Spanish unions call for a general strike.
October 9
DHS proposes a $100k fee for the foreign grad employment program; Trump suspends tech company access to green card program; and private equity perpetuates poor working conditions for home care workers.
October 8
NLRB judge finds UPS unlawfully restricted union insignia; Harvard graduate workers authorize second strike; OSHA orders Union Pacific to pay $300,000 in damages in whistleblower case.
October 7
DOL scraps plan to remove decades-old wage-and-hour guidance from federal regulations; New York enacts personnel records access law; Starbucks loses bid to dismiss Workers United trademark suit.
October 6
Protect College Sports Act dampens athlete unionization outlook; Stanford RA union decides to withdraw petition