Artificial Intelligence (Regulation and Employment Rights) Bill
AI Bill: Part 9 - Auditing and procedural safeguards
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Auditing artificial intelligence systems for discrimination
- An employer or its agent can rely on the defence under section 136(3B) Equality Act 2010 in a discrimination claim.
- The employment tribunal must have regard to the extent to which the following matters apply when determining whether section 136(3B)(b) is satisfied:
- Compliance with statutory guidance from the Equality and Humans Rights Commission concerning the audit of artificial systems for discrimination before they are used to make high-risk decisions;
- Compliance with relevant technical standards issued by an approved body; and
- Certification of the artificial intelligence system by an approved body.
- An employer or its agent cannot rely on the defence under section 136(3B)(b) Equality Act 2010 if it deploys artificial intelligence systems for use cases which were not originally envisaged when it acquired the system.
- The employment tribunal must have regard to the following matters when determining whether section 136 (3B)(c) is satisfied:
- The extent to which there is compliance with any statutory guidance from the Equality and Humans Rights Commission concerning the procedural safeguards required to remove the risk of discrimination after an audit for discrimination has taken place; and
- Any relevant WAIRA.
- The Secretary of State shall make regulations by order as to the identification of relevant-
- Statutory guidance from the Equality and Humans Rights Commission,
- Technical standards, and
- Certification by an approved body.
and such regulations may make different provision for different circumstances.
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