---
title: "Compare a system's outputs for disparate results"
url: "https://ailawframework.com/obligations/ai-decision-systems/compare-the-system-s-outputs-on-a-test-set-for-disparate-results/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A45-A20260923-3-US"
practice_area: "AI decision systems (the firm's and clients')"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Compare a system's outputs for disparate results

> Table the outputs by the groups the lawyer defines, with the counts and the rate. Do not state whether a difference is unlawful.

Canonical page: https://ailawframework.com/obligations/ai-decision-systems/compare-the-system-s-outputs-on-a-test-set-for-disparate-results/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [AI decision systems (the firm's and clients')](https://ailawframework.com/obligations/ai-decision-systems.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Compare the system's outputs on a test set for disparate results](https://ailawframework.com/obligations/ai-decision-systems/compare-the-system-s-outputs-on-a-test-set-for-disparate-results.md) |

## Checking plan

- What the AI does: Table the outputs by the groups the lawyer defines, with the counts and the rate. Do not state whether a difference is unlawful.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Section 2000e-2(l) separately bars adjusting test scores or using different cutoffs on the basis of race, color, religion, sex or national origin.
- Do not apply an Australian discrimination statute or an NDIS access test to these outputs.

## Sources

- [42 U.S.C. § 2000e-2, Unlawful employment practices, including disparate impact](https://www.law.cornell.edu/uscode/text/42/2000e-2) (checked 2026-10-22)
- [EEOC, What is the EEOC's role in AI? (29 April 2024)](https://www.eeoc.gov/sites/default/files/2024-04/20240429_What%20is%20the%20EEOCs%20role%20in%20AI.pdf) (checked 2026-10-22)
- [15 U.S.C. § 1691, Equal Credit Opportunity Act](https://www.law.cornell.edu/uscode/text/15/1691) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Record of a test for different results across groups](https://ailawframework.com/precedents/ai-decision-systems/disparate-results-test-record.md) | Checklist | Yellow | Record of a test, designed by the principal, comparing a system's outputs across groups the principal has chosen, with the outputs tabulated and the conclusion left to the principal. |
| [Approval and training record for a generative AI tool (United States)](https://ailawframework.com/precedents/ai-decision-systems/us-generative-ai-tool-approval-record.md) | Checklist | 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… |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*