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Comment by torben-friis

7 hours ago

Would the accused party have to prove compliance? Or would non compliance have to be proved by the accuser?

Honest question, I'm not American.

"Innocent until proven guilty" is a criminal court concept. This would be a civil suit. Those use different standards, like "preponderance of the evidence". I agree that if the claimant had to prove the AI system is violating employment law that that would be a hard bar to clear, but showing on the preponderance of the evidence is something that would have me a lot more nervous if I was on the receiving end of the lawsuit.

This is a highly general answer to a complicated topic; my main point is more that this is not going to be held to the standard of "beyond reasonable doubt", which would be hard to meet.

[1]: https://www.law.cornell.edu/wex/preponderance_of_the_evidenc...