A disparity signal requiring investigation | AIGP
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A disparity signal requiring investigation: What does the disparity represent?

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

The observed disparity is an investigation trigger, not by itself proof of disparate treatment or a completed disparate-impact finding.

The question

A US travel-support employer reviews an AI routing tool and finds lower completion rates for one protected group. No investigation has yet examined causes, job relevance, or alternatives. What does the disparity represent?

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  1. Proof of intentional disparate treatment.
    Different outcomes do not by themselves show that decision makers intentionally treated the protected group differently.
  2. A disparity signal requiring investigation. ✓
    US employment guidance treats performance disparities as requiring investigation rather than automatically constituting a completed legal finding.
  3. A validated disparate-impact finding.
    A disparity alone does not establish validation, causation, job relevance, or the legal significance of the observed difference.
  4. Evidence that the tool lacks any business purpose.
    A disparity may warrant investigation, but it does not by itself disprove the tool’s business purpose or usefulness.
The trap
Treat performance disparities as prompts for investigation, not automatic proof of liability or intent.

How to remember it

The observed disparity is an investigation trigger, not by itself proof of disparate treatment or a completed disparate-impact finding.

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