AARP Hearing Center
Background
All people have the fundamental right to be free from discrimination. Various civil rights laws protect this right. These laws prohibit discrimination on the basis of age, sex, sexual orientation, gender identity, race, ethnicity, religion, and disability.
Nevertheless, people still experience and are harmed by discrimination. They may be denied healthcare, employment, housing (including long-term care facilities), education, and other essential services. They may be subject to abusive practices, such as predatory financial products that charge them higher interest rates and fees. They also may be the victim of hate crimes.
The effectiveness of antidiscrimination laws often depends on the existence of policies or programs that provide equal opportunities to groups that are discriminated against, including, but not limited to, women, older people, people from communities of color, people with disabilities, and people who identify as LGBTQ+. Enforcement agencies, such as the Equal Employment Opportunity Commission (EEOC), must be able to collect data on discriminatory practices in order to identify problems and develop remedies.
A private right of action is especially important for discrimination claims. It provides the right to go to court so that people who are discriminated against can be compensated and treated fairly. It complements government enforcement efforts.
Artificial intelligence (AI): AI tools increasingly inform consequential decisions that affect health and financial well-being. For example, these tools may help determine whether a person qualifies for a job, credit, healthcare services, or government benefits. While they may increase efficiency, they also have the potential to amplify discrimination (see also Strengthening Laws and Practices Against Age Discrimination and Health Information Technology). AI tools can produce results that reflect and perpetuate human biases within a society. This can be due to bias in the initial training data, the algorithms that power it, or the predictions the algorithms produce.
Some entities, such as online platforms or apps that use AI tools, argue that existing civil rights laws do not apply to them. Other companies believe they are shielded from responsibility for discriminatory actions if an AI tool, instead of a human, makes or informs a decision. However, various federal agencies, including the EEOC, the Consumer Financial Protection Bureau, the Department of Justice, the Department of Health and Human Services, and the Department of Housing and Urban Development, have clarified that their existing legal authority to enforce civil rights and other vital legal protections applies to the use of AI. They have pledged to protect individuals’ rights regardless of whether legal violations occur through traditional means or advanced technologies. Congress, states, and other agencies with jurisdiction over civil rights issues should follow suit. This will clarify and ensure that people can effectively challenge AI-based discrimination using current law (see also Artificial Intelligence).
CIVIL RIGHTS: Policy
CIVIL RIGHTS: Policy
Civil rights laws and regulations
Policymakers should protect and enforce the fundamental right of all people to be free from discrimination. They should enact and enforce civil rights statutes. They should eliminate practices that target specific groups for discrimination and exploitation. Policymakers should collect and analyze data on discriminatory practices to identify problems and assist in developing effective remedies.
Government agencies and entities should comply with all applicable federal, state, and local civil rights laws. State governments should waive their sovereign immunity to suits for damages under these laws. Doing so would ensure that state government employees are protected to the same degree as other employees.
Policymakers should enact and enforce policies and programs that seek to redress past and current discrimination. They should ensure equal opportunity for all.
Government agencies should conduct outreach to bilingual communities to educate and inform them about how to obtain enforcement of their civil rights.
When filling civil rights positions, the government should hire only people who are committed to vigorous enforcement and meaningful implementation of civil rights laws.
Congress and state legislatures should be vigilant in monitoring the administration of civil rights laws, consistent with their broad remedial purposes. They should amend civil rights laws as needed to restore essential protections that may have been weakened by the courts.
Policymakers should amend the key federal civil rights laws that prohibit discrimination in public accommodations, private contracting, and housing to state explicitly that they bar age discrimination. This includes the Fair Housing Act, as well as Section 1981 and Title II of the Civil Rights Act.
Civil rights laws—particularly those addressing employment (e.g., hiring selections, terminations, compensation), housing, and credit—should include “aiding and abetting” provisions. Any entity that assists an employer, employment agency, creditor, or another covered entity in violating those laws should also be considered covered entities under the laws and subject to suit for any civil rights violations.
Protection against hate crimes
Legislators should enact and strengthen laws against hate crimes. These laws should be vigorously enforced.
Artificial intelligence (AI)
Civil rights statutes must protect against discrimination regardless of whether a consequential decision is made by a human being or informed by an AI tool (see also Artificial Intelligence).
Agencies with jurisdiction over civil rights issues should be provided with the financial and administrative resources needed to develop regulations, enforce laws, engage with affected communities, and conduct robust oversight related to the use of AI.