女性就业中的算法歧视:缘起、挑战与应对

Algorithmic Discrimination in Women’s Employment: Origins,Challenges and Countermeasures

与传统算法相比,当代算法自主获取信息的能力显著提升,这给反就业性别歧视法带来了新的挑战。域外职场已经出现针对女性的算法歧视,中国也可能出现类似现象。现有的反就业性别歧视法主要包括"不打探""不考虑"和"不卸责"三项规则,这些规则均无法很好地应对算法歧视。有鉴于此,治标之策是在法律和技术上逐项完善现有规则,但是收效有限,并且可能有悖于鼓励算法研发和推广的产业政策;治本之道则是在国家、用人单位、女性劳动者及其伴侣之间公平分配生育成本,消除算法歧视产生的根源。

Compared to traditional algorithm,an ability to gather information in modern day algorithm has improved,which has brought new challenges to the adoption of law against gender-based discrimination in employment. In the world algorithmic discrimination against women in employment has happened,that could possibly occur in China. Existing law against gender-based discrimination in employment mainly includes three principles: "not asking,""not considering,"and "not being responsible,"all which cannot address algorithmic discrimination. Thus,key to a solution is to improve each principle in law and technology,although outcome is limited and may interfere with industrial policy to promote algorithmic development. The rule of thumb is to balance equally the distribution of the cost of reproduction among the state,the employer,female employees,and their partners to eliminate the root cause of algorithmic discrimination.