Artificial Intelligence (767x633, AR: 1.21)
Artificial Intelligence (AI) is changing the world at such a rapid pace, causing tech companies to often operate under the philosophy that it is better to ask for forgiveness rather than permission. Yet, this philosophy must be re-evaluated when it comes to AI discrimination exposure because new laws are swiftly being enacted that put the brakes on product launch until the conclusion of Bias Elimination Audits (“BEAs”).

Regardless of whether a given BEA requirement law directly applies to a specific sector being disrupted by a tech company, it is almost always imperative for such companies to nonetheless conduct BEAs. This is because victims of discrimination, in sectors such as housing, public accommodations, education, employment, healthcare, and in making and enforcing contracts, enjoy private rights of action under federal, state, and/or local laws.

These claims can result in significant relief, including fee-shifting, actual damages, emotional distress damages, punitive damages, injunctive relief, and more. In fact, the best defense available to many disruptive AI tech companies, when facing such a private discrimination claim, is having previously undertaken mitigation efforts by having conducted BEAs.