Challenging Biased Hiring Algorithms

Aislinn Kelly-Lyth

Oxford Journal of Legal Studies, 2021, vol. 41, issue 4, 899-928

Abstract: Many employers now use complex algorithms to assess job applications. These algorithms can have discriminatory effects for women, ethnic minorities, people with disabilities and other legally protected groups. This article evaluates the application of UK law to the use of such algorithms, and finds that equality and data protection laws seek to balance the harms of these tools against the benefits of their use. The article then considers the application of these laws in practice, and finds that the opacity of automated hiring poses a significant challenge to enforcement. The article suggests that a ‘transparent recruitment scheme’ should therefore be introduced, which would incentivise the publication of equality metrics contained in employers’ data protection impact assessments. This scheme should be a collaborative effort between the Information Commissioner’s Office and the Equality and Human Rights Commission.

Keywords: employment law; equality law; data protection law; law and technology (search for similar items in EconPapers)
Date: 2021
References: Add references at CitEc
Citations: View citations in EconPapers (2)

Downloads: (external link)
http://hdl.handle.net/10.1093/ojls/gqab006 (application/pdf)
Access to full text is restricted to subscribers.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:oup:oxjlsj:v:41:y:2021:i:4:p:899-928.

Access Statistics for this article

Oxford Journal of Legal Studies is currently edited by Liz Fisher, Stefan Enchelmaier, Andreas Televantos, Liora Lazarus and Jennifer Payne

More articles in Oxford Journal of Legal Studies from Oxford University Press
Bibliographic data for series maintained by Oxford University Press ().