Artificial intelligence is transforming the workplace, including how employees are evaluated. But with automation comes a new risk: algorithmic bias. For many women, especially in roles where collaboration and communication are key, performance review algorithms can unfairly penalize soft skills—traits traditionally associated with female workers. If you’ve noticed biased reviews affecting your pay, promotions, or job security, you may be facing sex-based discrimination under California law.
Here’s how to identify bias in algorithm-driven evaluations—and what to do if it’s hurting your career.
What Are Soft Skills and Why Do They Matter?
Soft skills are interpersonal attributes that support workplace relationships and team performance. They include:
- Emotional intelligence
- Empathy
- Communication
- Collaboration
- Adaptability
- Listening skills
In today’s workforce, these are critical to team cohesion and leadership, yet performance review systems don’t always give them the credit they deserve.
The Problem With Biased Algorithms
Automated performance evaluation tools may claim to be neutral, but they’re only as fair as the data they’re built on. If the input data or training sets carry historical gender bias, the algorithm is likely to replicate and amplify that bias.
How Bias Creeps Into Reviews
- Value distortion: Algorithms may rank assertiveness or competitiveness (traits often associated with men) more highly than collaboration or emotional labor.
- Skewed language analysis: AI tools analyzing written feedback may misinterpret or devalue praise related to soft skills.
- Historical data reliance: If men were historically promoted more often, the algorithm may falsely correlate male-coded traits with success.
These flaws can lead to lower scores for women, even when they outperform male colleagues in areas vital to team performance.
Real-World Impacts of Performance Review Bias
Unfair evaluations can have lasting effects on an employee’s career. You may experience:
- Lower bonuses or raises
- Being passed over for promotions
- Negative feedback loops that stall your advancement
- Increased scrutiny or micromanagement
- Layoff targeting during restructures
In short, biased reviews don’t just affect your record—they can block opportunities, stall your growth, and even put your job at risk.
Your Legal Rights Under California Law
California’s Fair Employment and Housing Act (FEHA) prohibits sex discrimination in all aspects of employment, including performance reviews and compensation.
You may have a valid discrimination claim if:
- You can show a pattern of lower ratings for women in your workplace
- Soft skills were dismissed in your evaluations while being praised in male peers
- You were denied advancement despite strong peer or client feedback
- Management refused to address your concerns after you raised the issue
Sex-Based Discrimination Is Illegal
Employers cannot legally use performance review systems—manual or automated—that produce biased outcomes based on gender. If such systems result in unequal treatment, employers are responsible for correcting them.
What You Can Do if You Suspect Bias
If you believe your performance reviews have been influenced by gender bias, take the following steps:
- Document everything: Save review summaries, feedback emails, and notes from evaluation meetings.
- Compare outcomes: Look at how similarly situated male colleagues are evaluated and rewarded.
- Speak up: Report concerns to HR in writing, and request clarification about how ratings are determined.
- Consult a legal advocate: An employment attorney can help you assess whether your rights were violated and guide you through the complaint process.
Let PLBH Help You Fight Back
You work hard—and your contributions deserve fair, unbiased recognition. If an algorithm or evaluation process is holding you back because of your gender, PLBH can help. We advocate for employees who’ve been treated unfairly in reviews, promotions, and pay decisions.
Contact PLBH at (800) 435-7542 for a free, confidential consultation. Let’s work together to make sure your voice—and your value—are properly recognized.