I'm not a lawyer, but I'm fairly certain you can't blame an algorithm for your hiring practices being discriminatory. Ultimately humans decide to use an algorithm or not.

I don't know if it could be blamed on an algorithm. Some of the companies (MS was one) even hosted parties for the female members of IEEE and ACM. Took them out to their campus, free meals, mock interviews, free swag, networking events. But they where female only events.

Even if it's algorithmic someone manually wrote it and would have set a preference to the female gender.

then the court would have to actually look at the obfuscated code to prove the point.