Compare a system's outputs for disparate results
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Table the outputs by the groups the lawyer defines, with the counts and the rate. Do not state whether a difference is unlawful.
- What the lawyer must review
- Title VII, 42 U.S.C. § 2000e-2(k), says a disparate-impact claim is established only if the complaining party demonstrates that a particular employment practice causes a disparate impact on the basis of race, color, religion, sex or national origin, unless the complaining party can show the elements of the decision process are not capable of separation for analysis. The employer may then demonstrate that the practice is job related and consistent with business necessity. The EEOC's 29 April 2024 page says those laws apply to AI used in employment decisions, not only to intentional screens. For credit, use 15 U.S.C. § 1691(a), which has a different list of protected bases. You choose the statute and you interpret the numbers.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Approval and training record for a generative AI tool (United States) | Checklist | AI use Yellow | The record a US firm completes before a generative AI tool is put on the permitted list, covering confidentiality settings, retention, reliability, liability, notice of breach, and who has been trained. |
Signed-in accounts can read the full text of each one. All precedents.