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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.
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;"

Re:Employers’ Use of AI Tools Can Violate the Americans with... by HWR_14 on Friday May 13, 2022 @11:23AM (#31368819)
If it's a civil case, it's just the preponderance of the evidence. The jury just has to decide who they think is more likely to be correct.
Re:Employers’ Use of AI Tools Can Violate the Americans with... by rascul on Friday May 13, 2022 @08:54AM (#31366952)
> I am not sure, but if I remember correctly employer must prove they are not discriminating.

That seems backwards, at least in the US.