Rachel See Discusses Disparate Impact Shift in Law360

Law360 quoted Rachel See in its article, “Disparate Impact Shift May Prevent EEOC Action On AI Bias,” on May 6. See discussed how the Trump-era directive to end recognition of disparate impact discrimination may hinder EEOC efforts to address AI bias, shifting enforcement to states and private plaintiffs.

“In an AI disparate impact case, the parties must procure experts in fields like industrial-organizational psychology and data science, and often a great deal of data, such as hiring statistics and information about a company's human resources process, to develop their facts. They might need technical assistance dealing with the data and with the concepts of how the challenged AI tool works.”

The full article is available here.