7 ms·

I am not sure, but if I remember correctly employer must prove they are not discriminating. And just because they are using AI they are not immune to litigation

• danarmak 4y ago
  How can the employer prove a negative? At most I imagine the plaintiff is allowed to do discovery, and then has to prove positive discrimination based on that.
  • radu_floricica 4y ago
  • vajrabum 4y ago
    If you read the document again (?) maybe you'll see it's not about proving a negative. Instead, it's a standard of due care. Did you check whether using some particular tool illegally discriminates and document that consideration? From the document itself: "Clarifies that, when designing or choosing technological tools, employers must consider how their tools could impact different disabilities; Explains employers’ obligations under the ADA when using algorithmic decision-making tools, including when an employer must provide a reasonable accommodation;"
  • HWR_14 4y ago
    If it's a civil case, it's just the preponderance of the evidence. The jury just has to decide who they think is more likely to be correct.
• rascul 4y ago
  > I am not sure, but if I remember correctly employer must prove they are not discriminating. That seems backwards, at least in the US.