AI Users Beware: Baked-In Bias Abounds, and You Could Be Liable for It

Summary Senate Bill 5351, introduced in December 2022, would create liability for covered entities that incorporate artificial intelligence systems into processes. This baked-in bias can create liability for businesses using AI decision-making tools. The Bottom Line The Bill creates liabilities for covered entities that incorporate AI systems into decision-making processes impacting civil rights. Covered entities should use increased scrutiny and diligence when making the decision to incorporate AI systems into their decision-making processes and be on the lookout for baked-in bias. The proposed legislation, if enacted, will likely carry broad impact for covered entities that wish to incorporate artificial intelligence systems into decision-making processes.