Study on the Regulation of Algorithmic Employment Discrimination in the Era of Digital Intelligence

In the era of digital intelligence, algorithmic decision-making is profoundly transforming the labor market. Employers are leveraging artificial intelligence to reshape the employment landscape-for instance, by using algorithms to target job advertisements and screen or match job applicants. Algorithms, as learning machines, not only replicate existing biases but also amplify societal prejudices against job seekers, posing new challenges to workers’ access to employment and their ability to assert their rights. This paper begins by analyzing the ecessity of regulating algorithmic employment discrimination and examines the institutional hallenges in China from four dimensions: legal norms, criteria for identification, burden of proof, and regulatory mechanisms. It then proposes a regulatory framework that integrates both technical and legal approaches to address algorithmic employment discrimination in China.