California regulators are moving to restrict how employers can use artificial intelligence to screen workers and job applicants — warning that using AI to measure tone of voice, facial expressions and reaction times may run afoul of the law.
The rules govern so-called “automated decision systems” — artificial intelligence and other computerized processes, including quizzes, games, resume screening, and even advertising placement. The regulations say using such systems to analyze physical characteristics or reaction times may constitute illegal discrimination. The systems may not be used at all, the new rules say, if they have an “adverse impact” on candidates based on certain protected characteristics.
A crackdown is necessary in part because while businesses want to automate parts of the hiring process, “this new technology can obscure responsibility and make it harder to discern who’s responsible when a person is subjected to discriminatory decision-making,” said Ken Wang, a policy associate with the California Employment Lawyers Association.