Sec. 108. Civil rights
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/bill/116/s/2968/is/section-108A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A covered entity shall not process or transfer covered data on the basis of an individual’s or class of individuals’ actual or perceived race, color, ethnicity, religion, national origin, sex, gender, gender identity, sexual orientation, familial status, biometric information, lawful source of income, or disability— for the purpose of advertising, marketing, soliciting, offering, selling, leasing, licensing, renting, or otherwise commercially contracting for a housing, employment, credit, or education opportunity, in a manner that unlawfully discriminates against or otherwise makes the opportunity unavailable to the individual or class of individuals; or in a manner that unlawfully segregates, discriminates against, or otherwise makes unavailable to the individual or class of individuals the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.
Nothing in this section shall limit a covered entity from processing covered data for legitimate internal testing for the purpose of preventing unlawful discrimination or otherwise determining the extent or effectiveness of the covered entity’s compliance with this Act. A covered entity may request advice from the Commission concerning the covered entity’s potential compliance with this subsection, in accordance with the Commission’s rules of practice on advisory opinions. Notwithstanding any other provision of law, a covered entity engaged in algorithmic decision-making, or in assisting others in algorithmic decision-making for the purpose of processing or transferring covered data, solely or in part to make or facilitate advertising for housing, education, employment or credit opportunities, or an eligibility determination for housing, education, employment or credit opportunities or determining access to, or restrictions on the use of, any place of public accommodation, must annually conduct an impact assessment of such algorithmic decision-making that— describes and evaluates the development of the covered entity’s algorithmic decision-making processes including the design and training data used to develop the algorithmic decision-making process, how the algorithmic decision-making process was tested for accuracy, fairness, bias and discrimination; and assesses whether the algorithmic decision-making system produces discriminatory results on the basis of an individual’s or class of individuals’ actual or perceived race, color, ethnicity, religion, national origin, sex, gender, gender identity, sexual orientation, familial status, biometric information, lawful source of income, or disability.
A covered entity may utilize an external, independent auditor or researcher to conduct such assessments. The covered entity— shall make the impact assessment available to the Commission upon request; and may make the impact assessment public. A covered entity may redact and segregate trade secrets as defined by section 1839 of title 18, United States Code, from public disclosure under this subsection. Not later than 3 years after the date of enactment of this Act, the Commission shall publish a report containing the results of a study, using the Commission’s authority under section 6(b) of the Federal Trade Commission Act ( 15 U.S.C. 46(b) ), examining the use of algorithms for the purposes described in this subsection.
Not later than 3 years after the publication of the initial report, and as necessary thereafter, the Commission shall publish a new and updated version of such report.
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U.S. Code