Abstract The rapid advancement of generative artificial intelligence (GenAI) presents new challenges and implications for anti-discrimination law. While much of the legal discourse so far has focused on general AI governance, there is a growing need to recognize that different technical models—ranging from algorithmic decision-making systems (ADS) to GenAI—pose distinct risks and require tailored regulatory responses. This Article serves as a foundational introduction to this issue, highlighting the diverse ways in which GenAI can both reinforce and mitigate discrimination and where (European) anti-discrimination law stands in the face of these challenges. The primary goal is to raise awareness of the crucial interplay between AI architectures and legal frameworks. By sketching the underlying technical and structural mechanisms this Article aims to foster an understanding of the potential harmful impact GenAI can have, and how this is met by an anti-discrimination law, not yet equipped for these new “actors.” Thus, it will reveal weaknesses that will need to be addressed by research and policy alike.
Emanuel V. Towfigh (Wed,) studied this question.
Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context: