The advent of digital communication and artificial intelligence within
the work organization has accelerated a profound transformation of
interpersonal relationships, which are now mediated by machines managed
by algorithms. In some cases, the traditional structure of the enterprise no
longer seems to exist: the employer and the digital application seem to be
a single entity. In highly automated contexts, and thus not only on digital
platforms, it can be difficult for employees to understand whether they are
being discriminated against, and if they are uncertain, it may be impossible
to understand the reasons for treating them differently from others. In the
absence of a human point of reference, employees may not know whom to
ask for an explanation of the difference in treatment and whom to ask for
instructions not provided by the machine. Such difficulties in relationships
affect not only those who already have jobs but also the unemployed who,
discarded in the selection process, are unable to understand the reasons
and potential discrimination that led to their exclusion from a job position.
The author aims to critically examine discrimination issues that may arise
from algorithmic applications in automated job management. The book
compares the European Union’s approach to “statistical” discrimination
with that of U.S. legislation. The author then highlights the interpretive
problems related to the principle of discrimination that arise when the same
principle is applied to algorithmic discrimination. The essay explores the
implications of the liability of those who use algorithm-driven machines, the
legal problems related to the protection of personal data in the production
and testing of algorithms, and, finally, the AI Act’s regulatory framework on
labor and fundamental workers’ rights.

Adriana Topo is full professor of Labour law at the University of Padua’s law school
since 2011. She has been a visiting scholar at the University of Illinois at Urbana-
Champaign and a visiting professor at the University of Toronto. Her research has
focused on numerous areas of Labour law, including dismissal, strikes and collective
bargaining in the public sector, anti-discrimination law, workers’ rights in insolvency
procedures. More recently, her research has focused on the protection of privacy
in the workplace and, more specifically, on the impact of artificial intelligence on
workers’ rights.

ISBN: 9788854958289
Collana: Scienze giuridiche
Autore: Adriana Topo
Edizione: 2025