IDEAS home Printed from https://ideas.repec.org/h/elg/eechap/20577_4.html
   My bibliography  Save this book chapter

Algorithmic discrimination, the role of GPS, and the limited scope of EU non-discrimination law

In: A Research Agenda for the Gig Economy and Society

Author

Listed:
  • Elena Gramano
  • Miriam Kullmann

Abstract

This chapter investigates the potential discriminatory outcome of algorithmic decision-making and the effectiveness and suitability of the current legal framework in preventing and sanctioning all discrimination perpetrated through algorithms. We build a research agenda by drawing on the concrete implications and issues that stem from the abovementioned cases, which happen to be the first court decisions on this matter. Adopting a practical approach by analysing how the two courts use the existing legal sources could, we believe, reframe the debate and call attention to this matter's most problematic aspects. Our focus and thus our core argument is that algorithms can bring about direct, or more often indirect, discrimination. In doing so, we will assess the decision-making process on the basis of neutral factors, which does not attribute any significance to workers' personal aspects or conditions, at least in theory. Moreover, GPS (Global Positioning System), as an instrument used by businesses, including platforms, to gather data unrelated or not directly relating to work performance, can be used to discriminate or to produce discriminatory effects. In doing so, we focus on how GPS is being repurposed by platform companies that offer on-location services and to what extent GPS can be covered by EU non-discrimination law. It will become increasingly clear that, even if GPS were brought within the scope of one or more of the protected grounds, as the data collected by GPS can be regarded as 'proxy discrimination' for race or ethnic origin, age, or even gender, we face a second challenge, i.e., the substantive scope of most EU non-discrimination laws. This shows the perils of the gig economy can be: workers, as defined by EU case law, are protected by EU law against discrimination; the self-employed, or contractors, as platform companies often classify their workforce, are not or not entirely. The chapter ends with a discussion rooted in the premise that algorithms do not differentiate between different contractual underpinnings and thus are 'blind' to some extent: we discuss whether EU non-discrimination law needs broadening to protect a larger group of platform workers, especially when distinguishing between self-employed and employee platform workers is not possible on the face of it.

Suggested Citation

  • Elena Gramano & Miriam Kullmann, 2022. "Algorithmic discrimination, the role of GPS, and the limited scope of EU non-discrimination law," Chapters, in: Valerio De Stefano & Ilda Durri & Charalampos Stylogiannis & Mathias Wouters (ed.), A Research Agenda for the Gig Economy and Society, chapter 4, pages 53-72, Edward Elgar Publishing.
  • Handle: RePEc:elg:eechap:20577_4
    as

    Download full text from publisher

    File URL: https://www.elgaronline.com/view/edcoll/9781800883512/9781800883512.00011.xml
    Download Restriction: no
    ---><---

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:elg:eechap:20577_4. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Darrel McCalla (email available below). General contact details of provider: http://www.e-elgar.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.