算法背景下智能招聘歧视的法律规制

Legal Regulation of Intelligent Recruitment Discrimination in the Context of Algorithms

在算法时代下,有时候不是人在主动的歧视,而是一个自动系统在编程的时候有意或无意的进行歧视。这类的歧视是在计算机系统的人智能算法决策中产生的,虽然计算机系统本身没有意识,但它产生出的决策却构成了歧视。在就业市场招聘程序通过人工智能算法决策参与到招聘的过程中,其虽简化了招聘的流程提升了招聘效率,但在某种情况下也可能构成对应聘者的就业歧视。本文将涉及这些问题,提出应建立算法歧视审查机制应设立专门的算法审查部门对算法问题进行规制。

In the algorithmic era, sometimes it is not a human being who is actively discriminating, but an au-tomated system that is programmed to discriminate, either consciously or unconsciously. This type of discrimination is generated in the human-intelligent algorithmic decision making of a computer system, and although the computer system itself is not conscious, the decisions it generates constitute discrimination. In the employment marketplace recruitment processes are involved in the recruitment process through artificial intelligence algorithmic decisions, which streamline the recruitment process and improve recruitment efficiency, but in some cases may also constitute employment discrimination against candidates. This paper will address these issues and propose that a review mechanism for algorithmic discrimination should be established and a special algorithmic review department should be set up to regulate algorithmic issues.