Despite a growing perception that artificial intelligence-powered hiring tools are being used to discriminate against certain races and genders, the civil rights framework around employment discrimination may not be equipped to take on the technology.

AI platforms are well known for having diversity, equity, and inclusion ideology written into their algorithms. If a user asks most AI tools what it thinks if DEI, it will respond with a glowing report about how important the ideology is in the modern workplace and society. That ideological dedication could mean that, when it comes to using the tools for employment decisions, DEI may be in the driver’s seat.