Trump’s Disparate Impact Blow Makes AI Bias Claims Even Tougher

Already scarce enforcement of AI-based workplace discrimination cases will decrease further as the Trump administration plans to cut back the use of disparate impact theory in bringing bias suits.

By their nature, artificial intelligence tools muddy the questions of who makes employment decisions and how, leaving bias claims likely to fall under a disparate impact or unintentional bias doctrine, rather than disparate treatment, employment lawyers say. Disparate impact under Title VII of the 1964 Civil Rights Act covers discrimination resulting from criteria or tests that appear neutral but disproportionately exclude people by traits like race or gender.

The Justice Department ...