My understanding is that disparate impact is still extremely difficult to win in court and is rarely tried. Do you really think any meaningful number of cases that could technically fall under this rule are tried and won in court?
Surprise for anyone using it, unlike with people, you can actually all the AI to grade a lot of input resumes and establish th existence of a bias directly.
That makes a legal case unsurprisingly strong.
With a person, you need to find circumstantial evidence to make a case on a single such ruling.
With a company, you need to establish existence of a hiring pattern.
