Affirmative Action Is Dead — Is AI the Next Battleground for Equity?

Author(s): Myra Roldan

Originally published on Towards AI.

Affirmative Action Is Dead — Is AI the Next Battleground for Equity?

This week I attended a session delivered by Jennifer Brown, a global DEI thought leader. Jennifer talked about the challenges companies face today around DEI. This got me thinking about where we are in the world today. In 2023, the Supreme Court basically abolished affirmative action. This has sent shockwaves through corporate DEI program. I mean, let’s face it, for many companies, DEI programs were about checking the box with no true intent on moving the needle. Although there is no clear data that I can share on the number of DEI programs that were terminated since affirmative action ended; we do know that there has been a reduction in DEI spending among some companies, while others have dropped their program altogether.

Now, let me step back for a second and introduce myself. Hi, I’m Myra Roldan, a Hispanic woman working tech in the field of Artificial Intelligence (AI). Hispanic and black women make up just about 2% of AI professionals.

Let that sink in for a minute — 2%.

In a space that’s literally shaping the future, we’re still underrepresented. So, when we talk about the impact of AI on diversity and inclusion, I’m not just talking about it from the outside looking in. This is personal. The tech industry is missing out on critical voices and perspectives, and it shows in the systems that we’re building.

Now, don’t get me wrong, I’m not saying this for sympathy. I’m say it because it’s time to change the narrative. The tech and AI industry isn’t just missing out on talent; it’s missing out on the perspectives that people like me bring to the table. Diversity isn’t just about checking a box, it’s the foundation of innovation. Without diverse voices at the table, we risk building systems that only reflect an extremely narrow and skewed slice of the world. And in AI, where our technology are influencing everything from healthcare to criminal justice, that’s a HUGE problem.

Now, our society has come to realize that AI is powerful. Especially with the general public gaining access to easy-to-use AI with the introduction of OpenAI ChatGPT on November 30, 2022. Since then, many have become aware of the fact that AI reflects the biases of the historical data it’s trained on. And now, with affirmative action erradicated, companies can’t legally use race or gender as deciding factors in hiring or promotions. This creates a very real risk that AI will perpetuate the exact inequalities we’ve been fighting to eliminate all of these years.

So, today we’re at a tipping point! Because the decisions we make now on how we build inclusive teams, how we address bias in AI, will either move us toward a more equitable future or reinforce and even deepen existing inequalities. Then, what now? Here’s where we need to get intentional. The good news is, AI has the potential to help; if we use it right. AI can analyze behaviors, highlight imbalances, and create opportunities without directly considering race or gender. It can be used to flag when certain groups are consistently left out of conversations or when high-potential employees are overlooked due to unconscious bias. It’s about using AI to spot bias, not reinforce it. But without deliberate effort, we risk the opposite happening.

The truth is, AI is only as good as the data it’s trained on, and that data reflects human biases. With affirmative action now off the table, AI might unintentionally reinforce exclusion — especially in hiring, promotions, and leadership roles. If we’re not careful, the tools we rely on could work against diversity by automating biased decisions at scale. And the last thing we need is technology doubling down on the inequities we’re supposed to be fixing.

But let’s not sugarcoat it! Doing nothing comes at a potentially huge cost. Companies that ignore these shifts could face legal challenges, lose diverse talent, and stagnate in innovation. The data doesn’t lie, diverse teams drive better decision-making and bring fresh new perspectives. Failing to address AI bias and adapt diversity strategies isn’t just a risk; it’s a guaranteed loss. And trust me, as someone who’s navigated tech spaces over the past 20+ years where I’m the only one in the room, I’ve seen firsthand how the lack of diversity hurts team and leaves so much potential on the table. Homogeny is the killer of innovation for sure.

The landscape has drastrically changed in a short period of time, but the mission remains the same. If we want AI to help rather than hurt, companies need to reassess their DEI strategies now. Invest in building diverse AI teams, prioritize transparency, and use AI to drive inclusion without falling into legal pitfalls. We have the opportunity to make AI a tool for equity — but we need to act with purpose.

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Published via Towards AI