On: Employers’ Use of AI Tools Can Violate the Americans with Disabilities Act

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Like many words in the English language, “discrimination” has multiple meanings.

From Webster:

1. The act of discriminating.

2. The ability or power to see or make fine distinctions; discernment.

3. Treatment or consideration based on class or category, such as race or gender, rather than individual merit; partiality or prejudice.

You are talking about 2. The article is talking about 3.

3. is illegal in hiring. 2. is not.

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If you make a decision based on 2, you are doing 3.

It's just that simple. 2 creates categories implicitly.

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That is not how the courts interpret it.

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If the ultimate standard is disparate impact, that's where it goes.