Disparate Treatment
Intentional discrimination based on protected characteristics in AI system design or use.
Definition
Disparate Treatment is intentional discrimination—treating individuals differently because of their protected characteristics. In AI contexts:
- Design choices: Deliberately using protected characteristics as model inputs
- Proxy use: Intentionally selecting variables as proxies for protected characteristics
- Differential deployment: Applying AI differently based on protected characteristics
- Override patterns: Humans overriding AI recommendations in discriminatory patterns
Unlike disparate impact (unintentional discrimination), disparate treatment requires proof of discriminatory intent. However, AI system design choices and documentation can provide evidence of intent. Both disparate treatment and disparate impact are prohibited under civil rights laws.
Sources
- •Title VII
- •Civil Rights Act of 1964
Related Terms
Disparate Impact
Discriminatory effect of AI systems that disproportionately affects protected groups, even without discriminatory intent....
Proxy Discrimination
Discrimination through AI that uses seemingly neutral variables that correlate with protected characteristics....
Algorithmic Discrimination
Unfair or unlawful differential treatment or impact caused by an AI or algorithmic system against individuals or groups, often on protected characteristics....