Scholarship@WashULaw

Document Type

Article

Publication Date

2019

Publication Title

University of Louisville Law Review

Abstract

This essay contains remarks delivered in a keynote speech at the University of Louisville Brandeis School of Law’s 35th Annual Carl A. Warns and Edwin R. Render Labor and Employment Law Institute. Big data and artificial intelligence are increasingly being used by employers in their human resources processes in ways that control access to employment opportunities. This essay describes some of those developments and explains how practices like targeted online recruitment strategies and the use of hiring algorithms to screen applicants raise a significant risk of discriminating against protected groups such as women and racial minorities. It then considers some of the challenges these technologies pose for existing anti-discrimination law and suggests ways that the law should be interpreted to address these new threats to workplace equality.

Keywords

Big Data, Artificial Intelligence, Employment Discrimination, Inequality, Workplace Equality

Publication Citation

Pauline Kim, Big Data and Artificial Intelligence: New Challenges for Workplace Equality, 57 U. Louisville L. Rev. 313 (2019)

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