What do algorithms have to do with civil rights?

How my office is cracking down on 21st century discrimination.

When you think of algorithms, you might think all they do is serve you personalized advertisements, the next item in your Facebook feed, or a new Netflix show.

Think again.

Algorithms touch nearly every facet of our lives including education, employment, health care, housing, and more. Unfortunately, algorithms’ widespread use can infringe on our civil rights by perpetuating discrimination on a massive scale. That’s why I introduced legislation in the D.C. Council to hold companies accountable if their algorithms discriminate against marginalized communities, and prevent them from doing this harm in the first place. It’s the first comprehensive bill across the country that aims to tackle these issues. But let’s back up.

What is an algorithm?

Algorithms are automated tools that use machine learning and personal data to make predictions and decisions. Sometimes it feels like our algorithms know us better than we know ourselves — and there’s certainly value in their use when providing us with information, recommendations, and in many other situations.

But these automated systems are not neutral, and rely on existing data sets that may exclude certain populations or that might be skewed by historical racism, sexism, or ableism. As a result, algorithms can often inherit and amplify the biases that already exist in America — leading to widening inequality.

How do algorithms impact our life opportunities?

Personalized social media feeds of your friends’ photos are one thing, but algorithms are affecting crucial parts of people’s daily lives more and more as the technology is adopted in new industries. Discriminatory algorithms can now determine the schools people can attend, the homes they can purchase, whether they get approved for loans, the jobs they are hired for, and the quality of health care they are granted.

In these areas, there are existing disparities based on race, sex, or other aspects of our identities, which are reflected in the data that the algorithm uses to make recommendations. Often, the algorithm learns the biases of the real world, and given the power to make decisions about the future, it perpetuates the discrimination rather than leveling the playing field.

Here’s how common algorithmic bias is:

• Algorithms can limit the housing you qualify for: Tenant-screening companies use algorithms to generate automated tenant background reports that are used by 9 out of 10 landlords in the U.S. But we know these algorithms often make mistakes, especially in over-policed communities, and incorrectly include criminal or eviction records tied to people with similar names.
• Algorithms can determine the jobs you get an interview for: At least HR professionals in the U.S. use predictive algorithms in their hiring processes. But algorithmic resume scanners prioritize male candidates, are inaccessible to applicants with disabilities, and may discriminate against first-generation college graduates.
• Algorithms can determine whether you get quality health care: 90% of U.S. hospitals have developed algorithmic strategies as part of their business models. One algorithm widely used in hospitals is less likely to refer Black patients for care than equally ill white patients, resulting in 28.8% of Black patients being incorrectly deemed ineligible for additional care.
• Algorithms can determine whether you qualify for a loan: More than 90% of lending decisions are based on FICO credit scoring. The most commonly used FICO score uses an algorithm that positively weighs mortgage payments, but excludes rental payment history. This algorithmic credit scoring disadvantages Black, Latinx and Native American consumers who have historically had less access to traditional credit than white consumers.

What are we doing to stop the discrimination?

As it stands now, companies that use algorithms to make these crucial decisions can often avoid following our country’s hard fought anti-discrimination laws, because the algorithms are wrongly viewed as neutral, or as a mysterious black box.

The truth is, any bodega in your neighborhood faces more anti-discrimination requirements than a company like Amazon. That’s not fair to District residents, or small businesses. We need to build on civil rights laws of past years and past generations to ensure that the law is keeping up with new technologies.

“We are at a precipice of regulating technology where we can limit future harms of algorithmic bias, privacy violations and civil rights infractions by implementing comprehensive legislative action. The Stop Discrimination by Algorithms Act … embodies a future in tech regulation that is rooted in equity and justice. Color Of Change commends Attorney General Karl Racine and will continue to push for legislative regulation that ensures ethical conduct from Big Tech.”

-Rashad Robinson, President, Color Of Change

In December, I introduced landmark legislation to hold companies accountable if their algorithms discriminate against marginalized communities. The Stop Discrimination by Algorithms Act would make it illegal for businesses and organizations to use discriminatory algorithms in four key areas of life opportunities: education, employment, housing, and public accommodations including credit, health care, and insurance. It would also increase transparency by requiring companies to inform consumers about what personal information they collect and how that information is used to make decisions.

It’s the first comprehensive bill of its kind, and I hope it can serve as a blueprint for other states and the federal government to follow.

The authors of the landmark civil rights bills of the 1960s did not know that algorithms would one day be used as tools of discrimination — but I have no doubt that ending this automated discrimination is a critical way to honor their legacies and bring these critical laws into the 21st century.

We look forward to working with the D.C. Council to pass this critical bill.

Spread the word about the impact discriminatory algorithms can have and add a comment if you’ve experienced it firsthand. Your story could help make a difference in passing our bill and encouraging other states to introduce similar legislation.