California’s Fair Employment and Housing Council (FEHC) is the body that promulgates regulations to implement and interpret the Fair Employment & Housing Act (FEHA)—California’s keystone legislation governing illegal employment practices. For over a year, the FEHC has been exploring additions to its regulations aimed at addressing concerns surrounding the use of artificial intelligence in employment decision-making.

The FEHC’s concerns are certainly well-intentioned, as algorithmic bias is a genuine area of concern. A program that screens resumes and ascribes less weight to applicants with gaps in their employment histories may, for example, unintentionally discriminate against those who were pregnant, served in the military, or have protected medical conditions.