Algorithmic selection and discrimination processes (I)

Abstract

This paper is the written translation of the conference whose theme I shared with Professor Ginès i Fabrellas at the Congress entitled ‘AI in the world of work’, which was held at the Faculty of Law of the University of Valencia un­der the brilliant direction of Professors Todolí and Beltrán.

Its objective is to analyse the possible violations of the prohibition of discri­mination that may arise in the procedure for algorithmic selection of workers. After establishing the applicable legal framework, which is certainly scattered, the details of these discriminatory situations are determined by considering, in particular, whether, given the difficulties that generate their detection, the current legal framework makes effective protection possible.