Algorithmic Management in the Workplace and Discrimination

One of the challenges associated with protecting workers in the context of algorithmic management in the workplace stems from the multiplicity and diversity of the legal instruments that may provide a basis for such protection. However, these instruments share certain common ground, whose potential deserves further exploration. One such point of convergence concerns the requirement of transparency, which applies both to system providers and to employers, the latter being required to ensure transparency vis-à-vis workers.

It is therefore necessary to consider the consequences of non-compliance with this transparency obligation, both under the existing legal framework (de lege lata) and from the perspective of future legislative developments (de lege ferenda). In particular, can it be argued that such non-compliance should have consequences for the burden of proof in discrimination cases?

Taking into account, on the one hand, the specific features of the burden-of-proof regime under anti-discrimination law and, on the other, the particular nature of discriminatory acts arising from the use of algorithmic tools, this discussion seeks to assess whether the existing regime is suited to this reality, with a view to ensuring effective legal protection for workers.

The GRADUATE FORUM provides a platform for debate where doctoral candidates at the Católica Research Centre for the Future of Law present, test and discuss emerging ideas arising from their research.

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