Protected Characteristics
Personal attributes that cannot lawfully be used as the basis for discriminatory treatment in AI systems.
How the laws define this
These legal frameworks agree that protected characteristics are statutory lists of personal attributes—consistently including race, religion, sex, and disability—prohibited from being used to make unfair or discriminatory decisions. They diverge, however, in both their industry scope and their precise lists of protected grounds. Regarding scope, Illinois HB 3773 and the Workplace Fairness Bill govern discriminatory employment decisions, whereas Colorado SB21-169 targets unfair discrimination within insurance practices. Furthermore, the designated attributes differ substantially between instruments. Colorado SB21-169 explicitly protects gender identity and gender expression. The Workplace Fairness Bill extends protection to caregiving responsibilities, language, and mental health conditions. In contrast, Illinois HB 3773 specifies age as 40 and over, while uniquely protecting military status, citizenship status, order of protection status, and unfavorable discharge from military service.
Synthesised from the 3 statutory definitions below. Each one is quoted in full, with its source.
How jurisdictions differ
What is distinctive in each definition, binding law in force first. Showing 2 of the 3 instruments that define this term; all are listed under Definitions below.
| Jurisdiction | Instrument | Status | What is distinctive |
|---|---|---|---|
| Illinois, United States | Illinois HB 3773 — Amendment to Human Rights Act (AI in Employment) | In Force | This definition applies the Illinois Human Rights Act's broad list of protected characteristics specifically to AI systems used in employment decisions, explicitly barring ZIP codes as proxies for them. |
| Singapore | Workplace Fairness Bill | Adopted | This definition includes caregiving responsibilities and mental health conditions in its statutory list, applies to general workplace discrimination with narrow exceptions, and mandates fair grievance processes. |
What it triggers
- In Illinois, employers are prohibited from using discriminatory artificial intelligence systems in employment decisions based on these characteristics.source
- Under the Workplace Fairness Bill, discrimination on these grounds in employment decisions is prohibited unless a narrow exception applies.source
Definitions (3)
The set of characteristics protected under the Illinois Human Rights Act as applied by HB 3773, including race, color, religion, national origin, ancestry, age (40 and over), sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, unfavorable discharge from military service, and citizenship status.
These are personal attributes explicitly protected under Colorado SB21-169, including race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression. The Act prohibits unfair discrimination based on these characteristics in insurance practices.
A statutory list of characteristics protected from discriminatory employment decisions, including age, nationality, sex, marital status, pregnancy, caregiving responsibilities, race, religion, language, disability, and mental health conditions; the Bill treats discrimination on these grounds as prohibited unless a narrow exception applies.
Not to be confused with
Non-discrimination is a broad requirement against unjustified differential treatment or adverse impacts based on protected characteristics, while protected characteristics are the specific personal attributes listed in each definition.
Proxy discrimination involves using neutral variables that correlate with protected characteristics, whereas protected characteristics are the direct personal attributes themselves that cannot lawfully form the basis for discrimination.
Questions and answers
What protected characteristics apply to AI in Illinois employment?
The definition covers characteristics from the Illinois Human Rights Act, including race, color, religion, national origin, ancestry, age (40 and over), sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, unfavorable discharge from military service, and citizenship status. Employers cannot use discriminatory AI systems based on these in employment decisions.
Does Singapore's Workplace Fairness Bill protect against AI bias in hiring?
Yes, it prohibits workplace discrimination based on age, nationality, sex, marital status, pregnancy, caregiving responsibilities, race, religion, language, disability, and mental health conditions unless a narrow exception applies. It mandates fair grievance processes for employers.
How do protected characteristics differ from disparate impact?
Protected characteristics are specific personal attributes like race or sex that cannot be the basis for discrimination. Disparate impact refers to the discriminatory effect of AI systems that disproportionately affects protected groups even without intent.
Related Terms
Non-Discrimination
Requirement that AI systems do not produce unjustified differential treatment or disproportionate adverse impacts against individuals or groups based on protected or analogous characteristics....
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....