While Title VII of federal law is weaker, the use of such algorithms could be illegal under the California Fair Employment and Housing Act, Gov. Code § 12940(d) which makes illegal "use of an application form, that expresses, directly or indirectly, any limitation, specification, or discrimination as to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, or any intent to make any such limitation, specification, or discrimination."

The problem is enforcement. As I have argued, the emphasis in our law on individual, rather than systemic, proof and remedies is killing our anti-discrimination laws.

https://aninjusticemag.com/why-our-laws-against-discrimination-have-failed-a85c4e83a6d4