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- Title
SYSTEMATIZING DISCRIMINATION: AI VENDORS & TITLE VII ENFORCEMENT.
- Authors
JONES, COLIN CLEMENTE
- Abstract
For much of the last decade, scholars have highlighted both the role of AI and machine learning in reproducing inequality and the practical litigation difficulties such technologies create for proving intent. What the scholarship largely overlooks is the role of a handful of vendors who convert idiosyncratic biases into systematic, industry-wide barriers to employment opportunity. This capacity to scale discrimination in a way that may exclude certain groups from large segments of the labor market is a unique danger of AI vendors that warrants special scrutiny from Congress and regulators. Although underestimating the potential for harm, many scholars have also underestimated the effectiveness of current law in addressing these problems. Thus, the EEOC and Congress should focus enforcement energy on AI vendors--through commissioner charges in the short term and through new legislation and regulation designed to meet the evolving challenges of AI hiring tools in the long term.
- Subjects
ARTIFICIAL intelligence; MACHINE learning; CIVIL Rights Act of 1964. Title VII; DISCRIMINATION (Sociology); DISPARATE impact (Law)
- Publication
University of Pennsylvania Law Review, 2022, Vol 171, Issue 1, p235
- ISSN
0041-9907
- Publication type
Article