Revised regulations impact use of automated decision systems in screening, hiring and other employment decisions<\/p>\n
Quick Summary: In response to the growing use of AI tools, the California Civil Rights Department\u2019s Civil Rights Council has developed and issued ADS-related employment regulations \u201cto protect against potential employment discrimination as a result of the use of artificial intelligence, algorithms, and other automated-decision systems.\u201d Learn about the prohibited use of AI in employment decisions and when employers might need to provide reasonable accommodation. CDA resources will assist members’ compliance.<\/p>\n
A dental practice uses an automated decision system to advertise an open position for front-office staff. Another uses an ADS to screen job applicants\u2019 resumes to hire the best candidate, and a third uses chatbots powered by artificial intelligence to communicate with candidates. The dental practices are discovering that these systems can expedite the hiring process and free up time with patients, so what can go wrong?<\/p>\n
ADS and chatbots may benefit the practices in some ways, but using AI to make employment decisions related to recruitment, hiring and promotion could exacerbate existing workplace biases and lead to discriminatory outcomes that violate California\u2019s existing antidiscrimination laws, such as dismissing a candidate based on a protected basis.<\/p>\n
In response to the growing use of AI tools, the California Civil Rights Department\u2019s Civil Rights Council has developed and issued ADS-related employment regulations<\/a> \u201cto protect against potential employment discrimination as a result of the use of artificial intelligence, algorithms, and other automated-decision systems.\u201d The new regulations will take effect Oct. 1, 2025, and apply to all California employers who are covered by the Fair Employment and Housing Act.<\/p>\n The council in a June 30 news release cites these examples of AI-related discrimination: \u201ca hiring tool that rejects women applicants by mimicking the existing features of a company\u2019s male-dominated workforce or a job advertisement delivery system that reinforces gender and racial stereotypes\u201d by directing advertising for specific jobs to certain individuals.<\/p>\n Regulations clarify how antidiscrimination laws apply to use of AI<\/p>\n The regulations do not codify new antidiscrimination laws; instead, they clarify how the state\u2019s existing antidiscrimination laws apply to employers\u2019 use of emerging AI systems to make employment decisions.<\/p>\n The regulations also do not prohibit employers from using AI tools in employment decision-making; rather, they prevent discriminatory use of the tools. This means employers should monitor AI tools and train employees who use the tools to ensure they do not inadvertently discriminate against applicants or employees based on protected characteristics.<\/p>\n Additionally, the regulations extend employers\u2019 record-keeping requirements as described later in this article.<\/p>\n CDA\u2019s employment analysts have updated relevant resources to help members comply with the regulations.<\/p>\n Employers may need to provide reasonable accommodation<\/p>\n Employers may want to read the full text of the ADS-related changes<\/a>, which include definitions of artificial intelligence, automated-decision system, machine learning and other newly added terms with examples of tasks performed by these systems and processes.<\/p>\n The most conspicuous change is the addition of the following language for the 18 protected characteristics under California law:<\/p>\n \u201cIt is unlawful for an employer or other covered entity to use an automated-decision system or selection criteria (including a qualification standard, employment test, or proxy) that discriminates against an applicant or employee or a class of applicants or employees on the basis of \u2026\u201d<\/p>\n Employer-dentists may ask, what might ADS-related employment discrimination look like?<\/p>\n ADS can be used to screen resumes for certain terms or patterns or analyze word choice, voice and even facial expressions during online interviews. This use could potentially discriminate against an individual based on their race, national origin, gender, disability or other protected characteristics.<\/p>\n Or a dental practice may ask an applicant to take an ADS assessment that includes tests, questions or puzzles that elicit information about a disability and may therefore constitute an unlawful medical inquiry.<\/p>\n Employers must maintain AI data, other personnel records for four years<\/p>\n The amended regulations also require employers and other covered entities to:<\/p>\n Preserve applications, personnel records, selection criteria, automated-decision systems\/AI data and all other records affecting applicants and employees for four years \u2014 up from two.Consider the need to provide an applicant with reasonable accommodation if ADS is used during applicant screening or interviewing,<\/p>\n When might an employer need to provide reasonable accommodation?<\/p>\n The use of ADS to measure an applicant\u2019s dexterity, reaction time or other ability might discriminate against individuals with certain disabilities or other protected characteristics. To avoid unlawful discrimination, an employer may need to provide the applicant with the required reasonable accommodation.<\/p>\n Due diligence: Testing AI for bias prior to implementation<\/p>\n To defend a claim of discrimination using AI, employers can show that they performed due diligence prior to implementing AI or an ADS. Due diligence includes understanding the \u201cwhat\u201d and \u201chow\u201d of the data in a system\u2019s algorithm. Racial, ethnic and sexual bias are possible, for example, if the data used to train an AI system is not representative of the population.<\/p>\n Teresa Pichay, CDA\u2019s senior regulatory compliance analyst, advises, \u201cSeek independent studies published about the system you are considering. Assess the findings or, if applicable, the lack of independent studies or\u00a0anti-bias testing of the system.\u201d<\/p>\n Demonstration of other quality efforts to avoid illegal discrimination may also defend the employer, but a lack or absence of effort will likely harm the employer\u2019s position.<\/p>\n Even when exercising due diligence, employers should commit to maintaining human oversight over all AI-driven processes. \u201cWhile AI can offer valuable insights and efficiencies, final decisions, particularly those that significantly impact individuals, will always involve human judgment,\u201d says CDA Employment Practices Analyst Michelle Coker.<\/p>\n Use updated CDA resources for record-keeping, AI<\/p>\n Member-dentists can sign in to use CDA resources, including Records and Documents Retention Guidelines,<\/a>Employee Records<\/a> and Artificial Intelligence and Dentistry: Legal and Regulatory Considerations.<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"Revised regulations impact use of automated decision systems in screening, hiring and other employment decisions Quick Summary: In…\n","protected":false},"author":2,"featured_media":64850,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[38],"tags":[28,134],"class_list":{"0":"post-64849","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-jobs","8":"tag-business","9":"tag-jobs"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts\/64849","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/comments?post=64849"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts\/64849\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/media\/64850"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/media?parent=64849"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/categories?post=64849"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/tags?post=64849"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}