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Algorithmic Wage Discrimination (2023)
INTRODUCTION Over the past two decades, technological developments have ushered in extreme levels of workplace monitoring and surveillance across many sectors. These automated systems record and quantify workers’ movement or activities, their personal habits and attributes, and even sensitive biometric information about their stress and health levels. Employers then feed amassed datasets on workers’ lives […]
I thank Aziza Ahmed, Amna Akbar, Abbye Atkinson, Aslı Bâli, Corinne Blalock, James Brandt, Raúl Carillo, Angela Harris, Amy Kapczynski, K-Sue Park, Fernando Rojas, Karen Tani, and Noah Zatz, all of whom offered comments on an early conceptualization of this Article. I am also grateful to Yochai Benkler, Scott Cummings, Sam Harnett, Sarah Myers West, Aziz Rana, Aaron Shapiro, and Meredith Whittaker, who provided critical feedback on drafts and to the brilliant editors of the Columbia Law Review, especially Zakiya Williams Wells. One such example, used to specify what defines unsafe and ineffective automation in the workplace, involves an unnamed company that has installed AI-powered cameras in their delivery vans to monitor workers’ driving habits, ostensibly for “safety reasons.” The Blueprint states that the system “ incorrectly penalized drivers when other cars cut them off .
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