Generative Discrimination: What Happens When Generative AI Exhibits Bias, and What Can Be Done About It
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Abstract (arXiv)
As generative Artificial Intelligence (genAI) technologies proliferate across sectors, they offer significant benefits but also risk exacerbating discrimination. This chapter explores how genAI intersects with non-discrimination laws, identifying shortcomings and suggesting improvements. It highlights two main types of discriminatory outputs: (i) demeaning and abusive content and (ii) subtler biases due to inadequate representation of protected groups, which may not be overtly discriminatory in individual cases but have cumulative discriminatory effects. For example, genAI systems may predominantly depict white men when asked for images of people in important jobs. This chapter examines these issues, categorizing problematic outputs into three legal categories: discriminatory content; harassment; and legally hard cases like unbalanced content, harmful stereotypes or misclassification. It argues for holding genAI providers and deployers liable for discriminatory outputs and highlights the inadequacy of traditional legal frameworks to address genAI-specific issues. The chapter suggests updating EU laws, including the AI Act, to mitigate biases in training and input data, mandating testing and auditing, and evolving legislation to enforce standards for bias mitigation and inclusivity as technology advances.
Key facts. Cited by 7 papers in the map (data through 7 Oct 2026). First posted on arXiv 26 Jun 2024.
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Citing papers per year: 2024: 3; 2025: 4.
7 papers.
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- 2025Generative AI in Heritage Practice: Improving the Accessibility of Heritage Guidance3 Sep 2025
- 2025"Draw me a curator" Examining the visual stereotyping of a cultural services profession by generative AI10 Aug 2025
- 2025Variance reduction in output from generative AI2 Mar 2025
- 2024Towards Effective Discrimination Testing for Generative AI30 Dec 2024
- 2024Generative AI and Agency in Education: A Critical Scoping Review and Thematic Analysis1 Nov 2024
- 2024Generative AI Tools in Academic Research: Applications and Implications for Qualitative and Quantitative Research Methodologies13 Aug 2024