Discrimination in the automated targeting of job advertising: The role of the General Data Protection Regulation
Year: 2024
Type: article
Abstract: Recently, companies have increasingly been using AI to attract potential candidates through targeted job advertising, whose delivery is then algorithmically optimised. By excluding certain groups from job opportunities, these practices can discriminate in access to work, in relation to grounds protected by EU equality law. This article investigates the possible role of GDPR (Reg. n. 2016/679) in litigating discrimination in targeted and optimised job advertising. It firstly analyses whether and how the data access right under Art. 15(1)(h) can be exercised to gather the prima facie discrimination evidence necessary to bring a discrimination claim against the employer. It then deepens the potential use of Art. 80(2) to address the challenges relating to litigating these discriminatory practices, particularly the victims’ lack of awareness and their difficulty in coordinating.
Source: European Labour Law Journal
Author: Elisa Parodi
Institution: University of Turin
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4403373329