The use of artificial intelligence (AI) and machine learning (ML) models by businesses to make decisions about actual or potential employees and consumers carries the risk of “disparate impact,” also known as unintentional discrimination.
Senior Associate Dr. Shastri Sandy coauthored a recent Colorado Technology Law Journal article describing how the use of AI decision models may cause disparate impact in areas such as credit and financing, employment, healthcare, and housing.
The authors provide examples of how AI models may contribute to disparate impact, discuss protected classes and the relevant laws that may be violated due to disparate impact, and include suggestions of where biases in AI decision-making may be headed in the future. also provide an overview of statistical, economic, and qualitative tools that can be used to evaluate and mitigate AI-induced disparate impact.
The full article, “The Disparate Impact of Artificial Intelligence and Machine Learning,” is available below.