Bots, Bias and Big Data: Artificial Intelligence, Algorithmic Bias and Disparate Impact Liability in Hiring Practices
![handle is hein.journals/arklr71 and id is 549 raw text is:
BOTS, BIAS AND BIG DATA:
ARTIFICIAL INTELLIGENCE, ALGORITHMIC BIAS AND
DISPARATE IMPACT LIABILITY IN HIRING PRACTICES*
I. INTRODUCTION
With artificial intelligence, we are summoning the demon.
You know all those stories where there's the guy with the
pentagram and the holy water and he's like, yeah, he's sure he
can control the demon? Doesn't work out.' While this is
perhaps dramatic, many Americans share Elon Musk's
underlying anxieties about artificial intelligence's increasing
proliferation into everyday life.2 However, few realize the depth
of artificial intelligence's involvement in mundane daily
activities.3 Fewer than half of Americans are aware of the
existence of computer programs that can review job
* The author sincerely thanks Danielle Weatherby, Associate Professor of Law,
University of Arkansas School of Law, for her thoughtful guidance throughout the drafting
and editing this comment. The author also thanks Amanda Beth Hurst, Visiting Professor
of Law, University of Arkansas School of Law, Lucas Sheets, Clay Sapp, Pete Brunson,
Lacey Johnson, Ryan Smith, and fellow staff editors of the Arkansas Law Review for their
encouragement and attention to detail throughout the drafting and editing process. The
author would also like to thank Dr. Trisha Posey, Associate Professor of History, Dr.
Robert Moore, Associate Professor of History, and Dr. Preston Jones, Professor of History,
John Brown University, for teaching the author to approach research and writing with
excellence and humility. Finally, the author would like to thank her family for their
unwavering encouragement and support.
1. Maureen Dowd, Elon Musk's Future Shock, VANITY FAIR, Apr. 2017, at 116,
119.
2. Aaron Smith & Monica Anderson, Automation in Everyday Life, PEW RES. CTR.
(Oct. 4, 2017), http://www.pewinternet.org/2017/10/04/automation-in-everyday-life/
[https://perma.cc/3A3J-7J5A].
3. See Gautam Narula, Everyday Examples of Artificial Intelligence and Machine
Learning, TECH EMERGENCE (Mar. 29, 2018), https://www.techemergence.com/everyday-
examples-of-ai/ [https://perma.cc/MRK4-M5NK).](ViewImageLocal?handle=hein.journals/arklr71&div=18&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Bots, Bias and Big Data: Artificial Intelligence, Algorithmic Bias and Disparate Impact Liability in Hiring Practices
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most