Research On Legal Regulation Approach Of Gender Discrimination In Recruitment Algorithm

Along with the development of artificial intelligence and big data,algorithmic decision-making technology has shown extremely superior efficiency by virtue of its powerful arithmetic,and thus is increasingly used in various fields of society,such as credit,employment and justice.However,algorithmic discrimination has been proven in the process of algorithmic application,which has triggered widespread concern from all walks of life around the world.In the field of employment,the application of recruitment algorithms has been gradually extended from overseas to domestic,and algorithmic discrimination has penetrated within recruitment algorithms in the typical form of employment gender discrimination,posing a threat to women’s right to employment equality.Currently,China is in the process of large-scale data legislation,and the relevant legal norms and policy guidelines require responses to algorithmic discrimination,and algorithmic discrimination in the employment field is also required to propose solutions.Currently,online recruitment has become an important form of recruitment in China’s recruitment market,which has laid the foundation for the widespread use of recruitment algorithms.Recruitment algorithms follow the operational mechanism of correlation,with job advertisement push,resume screening system,AI written test interview and other manifestations,so that the concept of discrimination is embedded in the automated employment decision results through the process of historical data and data analysis.However,the application of recruitment algorithms sharply widens the information gap between data controllers represented by algorithm developers,employers and data subjects represented by job seekers,and the results of automated hiring decision recommendations derived from recruitment algorithms become an important basis for employers’ final hiring decisions,which leads to employment gender discrimination masked under recruitment algorithms and contributes to employment gender discrimination under the use of recruitment algorithms has changed.China’s traditional anti-gender discrimination system can hardly cope with the new gender discrimination in employment under the recruitment algorithm.The reason for this is that China’s traditional anti-gender discrimination system is difficult to identify,difficult to prove and difficult to remedy in the process of regulation.Accordingly,the new type of discrimination puts forward the general regulatory requirements of balancing women’s employment equality rights and ensuring the sustainable development of algorithmic technology,as well as the specific regulatory requirements of combining law and technology,princess body and private subject,and ex ante and ex post.The study of the current legal norms and related policies in the United States and the European Union through normative analysis reveals that the current legal norms in the United States present a path combining self-regulation in algorithmic governance and judicial review in employment gender discrimination regulation,but the lenient regulatory attitude leads to the problem of insufficient regulatory effect;the EU GDPR presents a data empowerment path mainly based on the right to anti-automation decision-making and The data empowerment path of the EU GDPR is mainly based on the right to anti-automated decision making and the right to algorithm interpretation to regulate algorithmic discrimination,and the research problem of this paper is subordinate to it,but the two rights are difficult to grasp in the specific application and have poor regulatory effect.In contrast,the meta-regulatory path is between governmental regulation and self-regulation,and is "transitive" in nature,and its double-nested structure can present the path in a structured manner.The meta-regulation path is not only the trend of European and American regulation paths,but also follows the trend of data legislation in China,and the self-regulation of private subjects has been gradually developed,and it can also meet the requirements of regulating gender discrimination in employment under recruitment algorithms.The meta-regulatory path is not only a better solution for governing gender discrimination under recruitment algorithm applications,but also will play a better role in data governance issues such as algorithmic discrimination in the context of systematic data legislation being carried out in China.