Possible disparate impact requiring further analysis: What does the evidence support?
Uniform scoring with unequal group outcomes supports possible disparate impact and investigation, not proof of intent or a completed finding.
The question
For a US employer’s employee-housing application process treated as an employment selection procedure, the AI uses the same scoring rule for every applicant. Records show substantially lower approval rates for one protected group, but no evidence shows intentional targeting. What does the evidence support?
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- Possible disparate impact requiring further analysis. ✓A neutral procedure producing disproportionate exclusion supports investigating disparate impact, without establishing intentional disparate treatment from outcomes alone.
- No discrimination concern because the rule is uniform.Facial neutrality does not resolve disparate-impact concerns when a selection procedure disproportionately excludes a protected group.
- A completed violation finding requiring immediate invalidation.The observed disparity warrants investigation, but the available evidence does not complete the legal analysis or dictate immediate invalidation.
- Established disparate treatment based on the approval gap.Disparate treatment concerns intentional differential treatment; a disparity under a uniform rule does not by itself establish discriminatory intent.
The trap
Ask whether the evidence shows intent, unequal outcomes, or both; those observations support different legal analyses. How to remember it
Uniform scoring with unequal group outcomes supports possible disparate impact and investigation, not proof of intent or a completed finding.
How many of these would you get right?
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