The Equality and Human Rights Commission (EHRC) has published guidance on the use of artificial intelligence (AI) and how it can harm or improve equality and diversity in the workplace. Whilst the guidance is for public bodies, it provides useful information to help any organisation to use AI to improve equality and diversity in their processes.

AI is the practice of using computers to support decision-making or the delivery of services and information. AI is capable of sifting through large volumes of information and completing tasks far quicker than even a whole team of human beings could.

Such speedy and efficient output has made AI an ever-growing resource for organisations, reducing staff costs and reducing the likelihood of human error in decision-making.

However, we all have many tales of when technology has gone wrong. Perhaps a less-considered issue is whether AI can actually lead to discrimination and therefore deepen inequalities.

This is because the data being used to help the AI make decisions could already contain bias. For example, a recruitment process that auto-selects candidates based on certain criteria could amount to discrimination if that process unfairly disadvantages candidates with particular characteristics.

The guidance from the EHRC not only flags these issues, but it helpfully sets out how AI can help reduce inequality and unfairness. For example, it says that an organisation providing care services could use software to help it identify which people are at risk of missing appointments and why (for example, they may be disabled or have language barriers) and then ensure that such people receive information in the format they need.

What can employers do? 

• Have equality in the back of your mind when selecting and setting up AI systems. Is there a risk that your system could cause any kind of unintended discrimination? If your systems are sifting out applications on a particular basis, think about whether those criteria could be discriminatory. Ensure that each of the protected characteristics in the Equality Act, as well as socio-economic background, is considered.
• If you are considering introducing AI processes, involve staff and employee network groups in the discussion, as this could bring invaluable insight and raise things that you had not considered. Also, consider any thoughts that have been published by external equality groups.
• Keep records of what has been considered and what decisions have been made.
• Periodically analyse the systems you are using and what impact they could be having. For example, if you are noticing that there is a change in the diversity statistics of your organisation, consider whether AI has played any part in that and, if so, how.
• For public authorities exercising public functions, also be aware of the general public sector equality duty under s149 of the Equality Act 2010 (i.e. the duty to have due regard to the need to (i) eliminate discrimination, harassment and victimisation, and (ii) to advance equality of opportunity and foster good relations between persons who share a protected characteristic and those who do not). AI can both help and hinder you to meet these duties, depending on how it is used.

The full guidance can be found here. If you have any questions or wish to discuss the public sector equality duty or how you can generally improve equality, diversity and inclusion in your organisation, please contact Alice Kinder.