On fairness, the legislation is explicit. Insurers and vendors would be barred from discriminating on the basis of race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression – and that prohibition extends to algorithms and predictive models that draw on external consumer data sources in a way that produces the same discriminatory outcomes. Regulators have been increasingly focused on this issue as AI-driven tools become more common across the industry.
