Evaluate adopting the less discriminatory alternative | AIGP
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Evaluate adopting the less discriminatory alternative: What does the evidence support?

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

An equally effective test with lower disparity is the specific alternative that should be evaluated, despite documented necessity.

The question

A US manufacturer uses AI to prioritize quality-inspector candidates. Both the current test and a redesigned test predict inspection accuracy equally well; the redesign produces a smaller protected-group disparity. Assume job-relatedness and business necessity are documented. What does the evidence support?

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  1. Use both tests permanently to compare future applicants.
    Running both tests does not address the documented alternative decision and may create inconsistent selection practices without a defined evaluative purpose.
  2. Retain the current test because necessity is documented.
    Business necessity does not end the inquiry when an equally effective, less discriminatory alternative is documented and available.
  3. Declare the current test unlawful from disparity alone.
    A disparity can trigger analysis, but it does not by itself complete the legal finding when job-relatedness and necessity are established.
  4. Evaluate adopting the less discriminatory alternative. ✓
    Equal effectiveness combined with reduced disparity makes the redesigned test the relevant alternative for further adoption analysis.
The trap
Business necessity is not the endpoint when a comparably effective option appears to reduce protected-group disparity.

How to remember it

An equally effective test with lower disparity is the specific alternative that should be evaluated, despite documented necessity.

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