Evidence takes several forms. It includes your testimony, which is the very first evidence gathered by EEOC. It also includes written materials such as evaluations, notes by your employer, letters, memos, and the like. You will be asked to provide any documents you may have that relate to your case.
For example, an organization's AI screening tool was found to be biased against older applicants when a candidate that had been rejected landed an interview after resubmitting their application with a different birthdate to make themselves appear younger.
An example is when a facial recognition system is less accurate in identifying people of color or when a language translation system associates certain languages with certain genders or stereotypes.
For instance, a discriminative AI might determine in image recognition whether a picture contains a cat or a dog. This classification ability makes discriminative AI invaluable in various sectors, including healthcare for diagnostic tools, finance for fraud detection, and retail for customer preference analysis.
The answer depends on your claims and willingness to pursue litigation. If your claims are strong and you are invested in the litigation process, it can be very “worth it” to feel you are standing up for accountability, getting compensation for your injuries, and incentivizing the company to change its ways.
In 2015, Amazon realized that their algorithm used for hiring employees was found to be biased against women. The reason for that was because the algorithm was based on the number of resumes submitted over the past ten years, and since most of the applicants were men, it was trained to favor men over women.
Report discrimination to a local Fair Employment Practices Agency (FEPA). If the discrimination breaks both a state and federal law, the FEPA will also send your complaint to the EEOC. Use the EEOC's directory of field offices to find the FEPA near you.
Unfair and Discriminatory Hiring Practices That Go Unnoticed Discrimination Based on Sexual Orientation or Gender Identity. Unconscious Bias in Resume Screening. Nepotism. Racial Discrimination. Salary History Inquiries.
The chances of winning your discrimination case can vary dramatically depending on the particular circumstances you face. When a lot of evidence has accumulated against your employer, such as emails and history of discriminatory remarks in front of multiple witnesses, your chances of winning a lawsuit are higher.
If you sue your employer, it won't be enough for you to prove that your employer made the wrong decision, or even that your employer was a no-goodnik. If you don't have a valid legal claim against your employer, then you will ultimately lose your case. One big reason to think twice before you sue.