Re:Employers’ Use of AI Tools Can Violate the Americans with...
by marian_ivanco on Friday May 13, 2022 @07:48AM
(#31366268)
I am not sure, but if I remember correctly employer must prove they are not discriminating. And just because they are using AI they are not immune to litigation.
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Re:Employers’ Use of AI Tools Can Violate the Americans with...
by danarmak on Friday May 13, 2022 @08:49AM
(#31366881)
How can the employer prove a negative?
At most I imagine the plaintiff is allowed to do discovery, and then has to prove positive discrimination based on that.
Re:Employers’ Use of AI Tools Can Violate the Americans with...
by vajrabum on Friday May 13, 2022 @09:31AM
(#31367354)
If you read the document again (?) maybe you'll see it's not about proving a negative. Instead, it's a standard of due care. Did you check whether using some particular tool illegally discriminates and document that consideration? From the document itself:
"Clarifies that, when designing or choosing technological tools, employers must consider how their tools could impact different disabilities;
Explains employers’ obligations under the ADA when using algorithmic decision-making tools, including when an employer must provide a reasonable accommodation;"