Evaluate and adopt the less discriminatory rule: What control most directly addresses the finding?
An equally accurate rule with less disparity should be evaluated and adopted.
The question
A US employer uses an AI rule to prioritize applicants for covered jobs. The rule produces a lower selection rate for one protected group. The employer has verified that another rule is equally accurate and produces less disparity, and all other job-relatedness and business-necessity facts are satisfied. What control most directly addresses the finding?
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- Keep records of the disparity.Recordkeeping preserves evidence but does not address the available equally effective alternative with less disparate effect.
- Collect additional demographic data and postpone comparison.Additional data may sometimes help, but the stated facts already establish the relevant performance and disparity comparison.
- Evaluate and adopt the less discriminatory rule. ✓Where an equally accurate alternative produces less disparity, evaluating and adopting it directly addresses the disparate-impact concern.
- Explain the original rule's neutral design to affected applicants.A facially neutral design explanation does not resolve the documented disparity or the available less discriminatory alternative.
The trap
Compare both effectiveness and disparate effect, then act when the alternative satisfies the stated legal prerequisites. How to remember it
An equally accurate rule with less disparity should be evaluated and adopted.
How many of these would you get right?
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