Mapping the Landscape: Antidiscrimination Law and AI

This is a table-setting session that provides a high-level overview of the evolving relationship between AI and antidiscrimination law. The core tenants of antidiscrimination law currently focus on intent and formal classification, yet these tenants are likely to become more marginalized while disparate impact theory will move to the fore as AI pervades life and decision-making. The panel will map this terrain, identify key concepts at a broad level of generality, surface points of friction, and note emerging areas of alignment. The panel will touch on whether lawyers and technologists share similar conceptions of discrimination, measurement, and proof. Because both the technology and the legal landscape are rapidly changing, the session will consider how to think about equality in such a dynamic environment.