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18 - Algorithmic Disability Discrimination

from Part VI - Quantifying Disability

Published online by Cambridge University Press:  08 April 2020

I. Glenn Cohen
Affiliation:
Harvard Law School, Massachusetts
Carmel Shachar
Affiliation:
Harvard Law School, Massachusetts
Anita Silvers
Affiliation:
San Francisco State University
Michael Ashley Stein
Affiliation:
Harvard Law School, Massachusetts
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Summary

In the United States, a patchwork of privacy and antidiscrimination laws protects the rights of people with disabilities: the Health Information Portability and Accountability Act (HIPAA) protects disability-related patient data as it flows from one healthcare provider to another. If the information leaks out of the healthcare system, laws such as the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) can contain it and mitigate its effects. This patchwork of laws often succeeds in preventing disability discrimination. However, emerging technologies such as artificial intelligence (AI) are rendering it ineffective.

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Publisher: Cambridge University Press
Print publication year: 2020

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