All the EEOC would need to do is to prove that there is disparate impact[1] based solely on the hiring outcomes of companies using AI to hire. This is what they

All the EEOC would need to do is to prove that there is disparate impact[1] based solely on the hiring outcomes of companies using AI to hire. This is what they already do. [1] https://en.wikipedia.org/wiki/Disparate_impact https://en.wikipedia.org/wiki/Disparate_impact