Litigation: Possibilities and Limits of Existing Doctrines

This session will survey the emerging landscape of AI discrimination litigation, from the DOJ’s landmark settlement with Meta (the first federal case challenging algorithmic ad delivery under the Fair Housing Act), to the recent Mobley v. Workday collective action AI vendor liability in employment case. This session will consider the possibilities and limits of litigation with respect to AI and machine learning. It will explore how plaintiffs and courts are grappling with traditional antidiscrimination frameworks, with special attention to disparate impact. The aim is to consider the strengths and weaknesses of the application of current law to algorithmic decision-making.