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Document Type

Book Section

Publication Date

2025

Publication Title

Oxford Handbook of Algorithmic Governance and the Law (Forthcoming)

Abstract

This chapter analyzes existing legal responses to the problem of discriminatory algorithms in the workplace. As firms increasingly rely on algorithms or automated decision systems, a type of artificial intelligence, to manage their workforces, concerns have grown that these tools can systematically exclude historically disadvantaged groups. One response is to rely on traditional anti-discrimination law. These laws clearly prohibit certain forms of algorithmic discrimination; however, the complex, opaque nature of algorithms makes identifying and proving discriminatory harms challenging. Another response looks to broader frameworks of data protection and algorithmic regulation to protect against workplace discrimination. These initiatives are promising, but much depends on their details. Individual data rights are of limited usefulness because of the systemic nature of algorithmic discrimination, while broad regulatory oversight can help improve transparency and oversight of these tools.

Keywords

Algorithmic Management, Employment Discrimination, Workplace Rights, Discrimination Law, Algorithmic Governance, Data Protection, Algorithms, Artificial Intelligence, Automated Decisionmaking, Hiring and Selection, Disparate Treatment, Disparate Impact, Indirect Discrimination, Duty to Accommodate, Individual Data Rights, Notice, Right of Explanation, Right of Access, Right of Correction, Right to Contest

Publication Citation

Pauline Kim, Algorithmic Governance and Nondiscrimination Rights in the Workplace, in Oxford Handbook of Algorithmic Governance and the Law (forthcoming 2025)

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