Algorithmic discrimination in the employment relationship: economic efficiency, artificial intelligence and employee fragility

Abstract

The research seeks to verify which peculiarities of the employment relationship would make it more susceptible or fragile to the occurrence of algorithmic discrimination. As a result of the research, it was found that the use of AI depends on the volume, speed and value of the data provided by Big Data, generating results that are as good as the data. Furthermore, it was understood that, despite seeking objectivity, algorithms can cause discrimination through a programming error, generalization, use of sensitive information and limitation of rights. Finally, it was considered that employment relationships have peculiarities that make the employee more susceptible to algorithmic discrimination, for example inequality between the parties; the fragility of the employee, faced with a legitimate power of control; and technological nudity, given the amount of data, including unnecessary ones, held by the employer. As a methodology, descriptive, exploratory and interpretative research was used, of a qualitative nature, through documentary and bibliographical analysis, using the hypothetical-deductive method.