Andrés Páez, ‘Negligent Algorithmic Discrimination’

… This Article proceeds in three parts. The next Part offers some examples of algorithmic discrimination in hiring decisions that have been documented in recent years. Part III explains why the doctrines of disparate treatment and disparate impact are ineffective in the case of algorithmic discrimination. Part IV presents the idea that discrimination generally can be understood as negligence and examines whether this approach can be transferred to the context of algorithmic discrimination. The conclusion suggests another novel way of analyzing algorithmic discrimination.

Andrés Páez, Negligent Algorithmic Discrimination, 84 Law and Contemporary Problems 19-33 (2021).

First posted 2021-09-21 13:00:13

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