@mhoye I wonder how feasible it would be for someone to bring a discrimination lawsuit against a company using these practices. This being the US, probably 'near impossible', but one can dream (along the lines of whatever US agency recently put out a press release to tell/remind people that if your algorithm discriminated, it was still illegal).
@cks Yeah, I suspect the answer is as close to impossible as makes no difference. None of the conversations that would drive the motivated reasoning behind these processes would ever take place in a forum where anything is written down. You'd have to assume people have figured out the Stringer Bell rule by now.
@mhoye The hope would be for a court ruling that if the effect is discriminatory it's illegal anyway, regardless of why it exists (like the whatever agency warning about AI; it doesn't matter if the discrimination is 'not intended, it just happened'). But there is probably far too much (deliberate) wiggle room in the laws around 'reasonable' hiring practices.