All Article Summaries

As automation and globalization transform the labor market, the need for labor protection for racial minorities remains a concern. Emerging artificial intelligence (AI) systems may worsen labor inequalities.

Automated decision-making systems may facilitate bias. Job seekers lack access to the data and algorithms used by automated hiring systems, hindering plaintiff’s efforts to prove “disparate impact” discrimination under Title VII.

Automated hiring, including automated video interviews, raises concerns about employment discrimination and privacy. Workplace wellness programs and electronic workplace surveillance raise similar concerns.

Increasingly, employers use applications and wearable technologies to monitor employees at work. Monitoring systems raise new legal issues related to privacy rights, discrimination, and worker safety.

Many large companies require job applicants to apply through automated hiring platforms (AHPs). AHPs allow managers to standardize management practices and treat workers as more fungible.

Automated hiring systems are not well understood. Hiring platforms can use proxies for gender and race to facilitate and conceal discrimination. Antidiscrimination law is not designed to address these new issues.

In future, older workers will constitute a larger proportion of the population. Many digital platforms hinder the efforts of older people to find employment.

Technological changes now enable employers to track the movement of employees inside and outside the workplace. The law has not changed to respond to this new type of surveillance. The loss of workers’ privacy is harmful in itself; worker privacy should be considered a civil right.