The emergence of artificial intelligence is creating new legal questions about regulation, accessibility, and possible discrimination in areas like schools, housing, and labor.
Recently, the governor of Illinois signed legislation that prohibits the use of artificial intelligence that leads to discriminatory practices against employees, requires employers to tell workers and potential employees about how they use artificial intelligence in making employment decisions, and offers amendments to the Illinois Human Rights Act by listing artificial intelligence as a possible civil rights violation.
The legislation takes effect on January 1, 2026. Colorado recently passed similar legislation. Title III of the Americans with Disabilities Act prohibits discrimination on the basis of disability in activities or places of public accommodation. This includes laws requiring websites and apps to be made accessible. However, there are no currently established accessibility or anti-discrimination standards for websites or digital assets.
In 2024 alone, over 4,000 lawsuits were filed in federal and state courts by people with visual, hearing, or other disabilities, over alleged ADA violations on companies’ websites.
Additionally, there are numerous examples of artificial intelligence discrimination. In 2018, Amazon scrapped an A.I. recruiting tool after finding it was discriminatory against women. In 2023, the Equal Employment Opportunity Commission settled a lawsuit with iTutor Group for using a hiring system that automatically rejected female applicants over 55 and male applicants over 60. Additionally, biased A.I. facial recognition algorithms have led to wrongful arrests, including that of Robert Williams, who landed a first-of-its-kind settlement requiring the Detroit Police Department to change its practices. Biased A.I. models can also discriminate against students based on race, gender, or disability, and unfairly penalize students for linguistic differences.
The attorneys at Kennedy Hunt P.C. are experts in employment, disability, and education law. If you or someone you know has had their rights violated, the skilled attorneys at Kennedy Hunt, P.C. may be able to help you. Fill out a questionnaire so we can understand your claim.