The Proposed D.C. Law Challenging use of Discriminatory AI Algorithms

Laura M. Moy, Associate Professor of Law at Georgetown University Law Center and Director of the Communications & Technology Law Clinic, explains the proposed D.C. law holding companies accountable for using discriminatory AI algorithms in evaluating applicants for jobs, housing, or other similar opportunities. The moderator for this podcast is Don Allen Resnikoff.

The proposed legislation would prohibit companies from using artificial intelligence algorithms that produce biased or discriminatory results.  Biased or discriminatory results cause harm by blocking people from opportunities such as jobs or housing.

Ms. Moy explains that companies that use algorithms in their decision making would be required by the proposed law to, among other things, audit their algorithms for discriminatory patterns, and disclose and explain when algorithms negatively affect an applicant’s opportunities.  The proposed law would empower the AG’s office and individuals to bring suit for violations.

Ms. Moy argues that the proposed law is needed to protect applicants’ rights. She also addresses some arguments raised in opposition.  Opponents argue that there is already law in existence making discrimination illegal, so that a supplemental anti-discrimination law focused on algorithms is not needed.  Also, opponents argue that language in the proposed law is complex and unclear, causing uncertainty for companies using algorithms.

Please note, the positions and opinions expressed by the speakers are strictly their own, and do not necessarily represent the views of their employers, nor those of the D.C. Bar, its Board of Governors or co-sponsoring Communities and organizations.