issues

Digital Discrimination

Outten & Golden leverages insights from attorneys, data scientists, academics, and social justice leaders, all in an effort to advance digital equity and inclusion.

Imagine a world where banks, employers, landlords and other powerful interests close their physical doors to you, just because of your protected characteristics. Now imagine being denied the same opportunities, online.

 

Like traditional redlining of the 20th century, which is prohibited by federal and state laws, online platforms and businesses use data to advertise in a way that promotes economic opportunities to certain communities, while deliberately ignoring others. This new form of redlining, which affects access to financial products, jobs, housing, education, and other opportunities, is particularly harmful across racial, gender and economic lines – making it one of the most important civil rights issues of our time.

Algorithmic Bias in Hiring

Employers are also using artificial intelligence and machine learning technologies to find, select, and screen job candidates. While these technologies have been developed to show employers the “best” candidates for a given position, they often perpetuate and amplify biases and discriminatory practices.

Outten & Golden stays on the cutting edge of employers’ use of AI, and the discriminatory practices that emerge from its use.

Through our participation in federal hearings, the legislative process and various AI working groups, we focus on the evolving risks associated with employers’ use of algorithmic technologies – including applicant tracking, the use of “games” to gather psychometric data on candidates, and the use of unsupervised machine learning to source and recruit applicants on social media platforms.

These and other employment-focused AI tools are constantly changing. Consequently, our advocacy helps to ensure they remain in compliance with federal and state anti-discrimination laws.

Notable Matters

  • Representing plaintiffs in Liapes v. Facebook, which challenges Facebook’s design and operation of an advertising platform that allegedly lets companies treat users disparately based on their protected characteristics, in violation of California’s Unruh Civil Rights Act.

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Does your company have policies that restrict your ability to talk about your wages or work experience?

If you think you've experienced discrimination or retaliation, or you've lost your job because of something you discussed at work, we're ready to fight for your rights.

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