Big Data’s Disparate Impact
This paper examines concerns about big data’s disparate impact risk from the perspective of American antidiscrimination law, more specifically, through Title VII’s prohibition of discrimination in employment. The paper also calls out the legal and political difficulties of addressing and remedying this type of discrimination, in particular, the tension between the two major theories underlying antidiscrimination law: anticlassification and antisubordination.
104 California Law Review 671 (2016)
Solon Barocas, Andrew D. Selbst