Disparate impact requiring investigation: Which issue is most | AIGP
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Disparate impact requiring investigation: Which issue is most directly presented?

AIGP Understanding How Laws, Standards and Frameworks Apply to AI Medium

A neutral employment procedure producing disproportionate exclusion raises disparate-impact concerns, not automatically disparate treatment.

The question

Under applicable US employment-discrimination law, a company uses an AI tool to assign customer-service shifts. The rule is facially neutral, but employees from one protected group are disproportionately denied desirable shifts. No evidence currently shows intentional targeting. Which issue is most directly presented?

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  1. No discrimination concern because the assignment rule is neutral.
    Facial neutrality does not eliminate disparate-impact concerns when application disproportionately excludes a protected group.
  2. Disparate treatment based on intentional group-specific assignment.
    Disparate treatment generally concerns intentional differential treatment, which the facts do not currently indicate.
  3. Disparate impact requiring investigation of job-relatedness and alternatives. ✓
    A neutral selection procedure with disproportionate exclusion raises disparate-impact concerns, requiring investigation of job-relatedness, necessity, and alternatives.
  4. A complete legal violation established solely by the performance disparity.
    A disparity is a significant signal requiring investigation, but it is not by itself a complete legal finding.
The trap
Neutral rule plus disproportionate exclusion points toward disparate impact; intent requires separate evidence.

How to remember it

A neutral employment procedure producing disproportionate exclusion raises disparate-impact concerns, not automatically disparate treatment.

How many of these would you get right?

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More Understanding How Laws, Standards and Frameworks Apply to AI questions

Part of the Certsqill AIGP question bank · Understanding How Laws, Standards and Frameworks Apply to AI · Every answer, right and wrong, comes with its own explanation.