AI Ethics & Algorithmic Justice: When Machines Make Unfair Decisions

AI rejected your job application? Facial recognition tracked you without consent?
78% of AI systems show bias. Here's how to fight back with the law.

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78%
AI Systems Show Bias
$228M
Meta Biometric Settlement
EU AI Act
High-Risk AI Regulated
149/150
AI Rejected Black Applicant

AI Ethics Issues We Fight

🤖

AI Employment Discrimination

  • • Resume screening algorithms (Workday, HireVue)
  • • Age/race/gender discrimination in AI hiring
  • • No human review of rejections
  • • Black-box decision-making (no explanation)
Landmark Case: Arshon Harper rejected 149/150 times by AI
📸

Biometric Surveillance & Privacy

  • • Facial recognition without consent
  • • Employer fingerprint/face scans (BIPA)
  • • Retail surveillance tracking
  • • No data retention policies
Biggest Win: $228M Meta settlement (Illinois BIPA)
📊

Algorithmic Decision Systems

  • • Credit scoring discrimination
  • • Housing algorithm bias (Facebook $2.275M)
  • • Insurance AI denials (California ban)
  • • Predictive policing targeting minorities
New Laws: EU AI Act, NYC Algorithm Law, California AI Accountability
🚨

BREAKING: Workday AI Discrimination Certified as Nationwide Collective Action (May 2025)

First major AI hiring discrimination case to receive collective action certification. Could affect millions.

Case Details - Mobley v. Workday:

  • 📅 Certified: May 16, 2025 by Judge Rita Lin, Northern District of California
  • 👥 Covers: All job applicants 40+ denied employment through Workday platform since Sept 24, 2020
  • ⚖️ Claims: Workday's AI resume screener discriminates based on age (ADEA violation)
  • 🔍 Theory: Workday liable as "agent" of employers (not just software vendor)
  • 📊 Scale: Potentially millions of applicants nationwide affected
  • 💼 Status: Proceeding to discovery (Workday can challenge certification later)

Why This Matters to You:

  • ✅ First AI hiring case certified as collective action - opens door for others
  • ✅ AI vendors can be liable (not just employers) - expands accountability
  • ✅ Nationwide scope - covers applicants in all 50 states
  • ✅ Applies to ANY Workday user - thousands of companies use their AI
  • ⚠️ Join deadline coming - if you were rejected by Workday AI system, you may be able to join
  • 💰 Potential damages: Back pay, compensatory damages, attorney fees

Were You Affected? How to Check:

You may be eligible if:

  • • Applied for job at company using Workday system
  • • Were 40+ years old at time of application
  • • Applied between Sept 24, 2020 and present
  • • Were rejected or not recommended by AI screening

Next steps:

  • • Document all applications through Workday
  • • Save rejection emails and communications
  • • Check if settlement website created (common in collective actions)
  • • Use our fairness calculator to assess your case
⚖️

EU AI Act (2024): Your Rights Against High-Risk AI

The EU's groundbreaking AI Act classifies AI systems by risk level and bans certain practices. High-risk AI (hiring, credit, law enforcement) must meet strict transparency and accountability requirements.

Your Rights Under EU AI Act:

  • ✓ Right to explanation of AI decisions
  • ✓ Right to human review (not just AI)
  • ✓ Right to contest automated decisions
  • ✓ Mandatory risk assessments by companies

Banned AI Practices:

  • ✗ Social scoring by governments
  • ✗ Real-time biometric surveillance (public)
  • ✗ Emotion recognition in workplace/schools
  • ✗ Exploiting vulnerabilities of children

Your AI Rights by Region (2025)

🇪🇺 European Union (EU AI Act + GDPR)Click to expand

What You Can Do:

  • → Request explanation of AI decision (GDPR Art. 22)
  • → Demand human review of automated rejection
  • → File complaint with data protection authority
  • → Sue for damages under GDPR (up to 4% revenue)

High-Risk AI Requirements:

  • • Risk assessment mandatory
  • • Human oversight required
  • • Transparency obligations
  • • Data governance standards
🇺🇸 United States (State-by-State Patchwork)Click to expand

Illinois BIPA (Strongest):

  • • $1,000-$5,000 per violation
  • • Biometric consent required
  • • Private right of action
  • • $228M Meta settlement

NYC Algorithm Law:

  • • Hiring AI must be audited
  • • Annual bias audits required
  • • Candidates must be notified
  • • Penalties for non-compliance

California:

  • • AI insurance denials banned
  • • CCPA data rights apply
  • • Proposed AI accountability bills
  • • Facial recognition limits
🇬🇧 United Kingdom (Post-Brexit AI Approach)Click to expand

UK taking "pro-innovation" approach but requiring transparency for high-risk AI:

  • → Right to explanation under UK GDPR
  • → Financial services AI must be explainable (FCA rules)
  • → Employment AI transparency required
  • → Equality Act 2010 applies to algorithmic discrimination

How to Prove AI Discrimination

AI discrimination is hard to prove because algorithms are "black boxes." But patterns reveal bias:

1. Pattern Analysis

Example: Arshon Harper (Black woman) applied to 149 SiriusXM jobs via Workday AI system. Rejected 149 times despite qualifications. Pattern suggests race/gender discrimination.

Your Action: Document ALL applications, dates, qualifications. Compare to similarly-qualified people of different demographics.

2. Request Algorithm Explanation

Under EU GDPR, NYC law, or state transparency laws, you can demand explanation of how AI made its decision.

Your Action: Send formal request citing GDPR Article 22 (EU), Local Law 144 (NYC), or state law. If refused, that itself is evidence.

3. Demand Human Review

Most jurisdictions require human oversight for high-stakes AI decisions (hiring, credit, insurance).

Your Action: Request human review of AI decision. If denied, file complaint with EEOC (US), data protection authority (EU), or state regulator.

4. Join Class Actions

AI discrimination affects thousands. Class actions against Workday, HireVue, Facebook housing algorithm, etc.

Your Action: Search for existing class actions against the AI system that discriminated against you. We maintain a database of active cases.

AI Justice Victories

$228 Million

Meta BIPA Settlement (2024)

Facebook used facial recognition on photos without consent in Illinois. 1.4M users each received $160-400. Largest biometric privacy settlement in history.

Settlement paid: 2024 • Illinois BIPA violation
$2.275 Million

Facebook Housing Algorithm (2022)

Facebook's ad algorithm discriminated in housing ads by race. DOJ settlement required algorithm changes + payment. Landmark case for algorithmic discrimination.

Settlement: 2022 • Fair Housing Act violation
Class Action Certified

Mobley v. Workday Age Discrimination (May 2025)

California federal court certified nationwide collective action alleging Workday's AI resume screener discriminates against applicants 40+. Covers all rejected applicants since Sept 2020. Landmark AI bias case proceeding to discovery.

Certified: May 2025 • ADEA age discrimination • Collective action approved

Expert AI Ethics Guides

🤖

AI, Privacy, and Surveillance: Democratic Resistance

Complete guide to fighting back against AI surveillance systems and protecting your privacy rights.

👁 75 views⏱ 15 min read
⚖️

Algorithmic Accountability: Fighting Bias & Demanding Transparency

How to identify, prove, and fight algorithmic discrimination in hiring, housing, and credit decisions.

👁 58 views⏱ 20 min read
View All AI Ethics Articles →
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