Bradfield E. A. Biggers
Artificial intelligence (AI) acolytes insist AI will pave the way for idealistic workplace hiring. Their idea is that AI can circumvent common human frailties, such as prejudices and narrow-mindedness, to achieve social and economic equality. Yet inherent biases permeating into AI algorithms stifle society’s goal of promoting equality in the workplace. Despite a growing awareness of AI’s potential for prejudice, politicians are slow to support substantial legislation regulating AI. Nevertheless, the judiciary will inevitably be tasked with addressing discrimination by AI technologies through an unprecedented construction of Title VII of the Civil Rights Act of 1964. Concerned with how this ex post regulation of AI hiring tools will dispense the costs associated with AI discrimination, this Essay advocates for a state level ex ante solution that seeks to equalize and protect society from discrimination by AI algorithms.