The explosive rise of the AI industry in the United States is a remarkable trend, reflecting immense investments from tech giants and the promise of revolutionary advancements. However, as the sector evolves, a concerning narrative is unfolding—one that calls for immediate attention and action to safeguard the rights of Black Americans and marginalized communities. Recently, Democratic lawmakers, supported by civil rights leaders, have urged Congress to address the potential biases inherent in AI technologies.
U.S. Rep. Yvette D. Clarke, D-N.Y., chairwoman of the Congressional Black Caucus, articulated this urgency clearly. “We need to be able to trust that when we, as Black Americans, go to apply for a bank loan, secure employment, or even enter our own homes, we will not be denied on the basis of algorithmic bias,” she emphasized during a recent press conference. Clarke, along with a group of Democratic representatives, reintroduced the Artificial Intelligence Civil Rights Act, a legislative effort crucial for establishing protections against the biases that can mar AI decision-making.
This proposed legislation has its roots in previous efforts dating back to 2024, initially introduced by Senator Ed Markey, D-Mass. The bill aims to create a framework that safeguards individual rights in the face of computational algorithms. Markey has been vocal about the detrimental effects of biased AI tools, highlighting that “AI tools are biased against marginalized communities.” He poignantly coined the term “AI garbage problem,” succinctly summarizing the idea that flawed data yields flawed results—what he calls “garbage in, garbage out.”
Numerous studies have documented the troubling interaction between AI technologies and racial bias. For instance, algorithms used in mortgage approvals were reported to make Black applicants 80% more likely to be rejected compared to their white counterparts. Further studies have revealed alarming discrepancies, like AI models failing to identify liver disease in women and automated resume screening disproportionately misselecting candidates based on racial and gender biases—specifically, Black men were “almost never” selected due to the implications of their names.
In a poignant discussion about AI bias, Congresswoman Lee cited a hypothetical scenario involving a single mother applying for housing. “She has the steady work, she’s done everything she was told to do, and she still gets denied…not by a landlord, right, who she can’t talk to. It’s not by a person who can explain why she was denied. She got denied by an algorithm,” Lee explained. This example highlights the faceless and often unaccountable nature of algorithmic decisions that disproportionately impact already vulnerable populations. She emphasized the need for greater awareness about how these biases disproportionately burden Black communities, immigrants, and working-class individuals.
The urgency of the matter is further underscored by civil rights attorneys who have joined the legislative effort. Maya Wiley, president and CEO of The Leadership Conference on Civil and Human Rights, and Damon Hewitt, president and executive director of the Lawyers’ Committee for Civil Rights Under Law, have both expressed grave concerns regarding the unregulated nature of AI technologies. Hewitt noted that these algorithmic tools often perpetuate historical injustices, as they are developed using data that reflects decades of discrimination and systemic inequality. “These algorithmic technologies are built using data that reflects generations of discrimination and redlining,” he warned, stressing the importance of reflective representation in tech teams to mitigate bias.
Wiley further articulated that the proposed AI Civil Rights Act is a critical step in addressing civil rights issues exacerbated by technology. “We are in an administration that is refusing to acknowledge this fact: it protects every single one of us,” she stated firmly. She framed this legislation as a pivotal moment for civil rights in the context of AI, urging that now is the time to carve a path toward a more equitable future. “Because artificial intelligence is a paradigm shift,” she added, emphasizing the need to adapt our civil rights framework to meet the challenges posed by advancing technologies.