# The Theory of Artificial Immutability: Protecting Algorithmic Groups Under Anti-Discrimination Law

arXiv: https://arxiv.org/abs/2205.01166 · HTML: https://mlsanity.com/paper/2205.01166/

## Key facts

- Cited by 5 papers in the map (data through 14 Oct 2026).
- Builds on 0 of its 24 references that are in the map.
- First posted on arXiv 2 May 2022.

## Built on by (most cited first, 5 of 5)

- [Regulating ChatGPT and other Large Generative AI Models](https://mlsanity.com/paper/2302.02337/) (2023)
- [Designing Long-term Group Fair Policies in Dynamical Systems](https://mlsanity.com/paper/2311.12447/) (2023)
- [Compatibility of Fairness Metrics with EU Non-Discrimination Laws: Demographic Parity & Conditional Demographic Disparity](https://mlsanity.com/paper/2306.08394/) (2023)
- [Artificial intelligence in government: Concepts, standards, and a unified framework](https://mlsanity.com/paper/2210.17218/) (2022)
- [Algorithmic Fairness Over Time: Advances & Prospects](https://mlsanity.com/paper/2610.15015/) (2026)

## Abstract (arXiv)

Artificial Intelligence (AI) is increasingly used to make important decisions about people. While issues of AI bias and proxy discrimination are well explored, less focus has been paid to the harms created by profiling based on groups that do not map to or correlate with legally protected groups such as sex or ethnicity. This raises a question: are existing equality laws able to protect against emergent AI-driven inequality? This article examines the legal status of algorithmic groups in North American and European non-discrimination doctrine, law, and jurisprudence and will show that algorithmic groups are not comparable to traditional protected groups. Nonetheless, these new groups are worthy of protection. I propose a new theory of harm - "the theory of artificial immutability" - that aims to bring AI groups within the scope of the law. My theory describes how algorithmic groups act as de facto immutable characteristics in practice that limit people's autonomy and prevent them from achieving important goals.