AI in the workplace: the risks of indirect discrimination and how to avoid them (Agenda Digitale, 20 January 2025 – Vittorio De Luca, Giuseppe Arpino)

The introduction of artificial intelligence (AI)-based systems in the workplace is revolutionizing business processes, allowing companies to achieve significant advantages in terms of efficiency, precision, and productivity, even in the management and organization of their workforce.

The principle of non-discrimination in the workplace

However, the adoption of such tools raises several critical issues, and it must necessarily align with the principle of non-discrimination in the workplace.

In Italy, there have already been several rulings that have addressed the issue from different angles, highlighting the risks associated with the use of algorithms and decision-making systems in workforce management.

For instance, the Court of Palermo, with a ruling on November 17, 2023, determined the discriminatory nature of the excellence evaluation system used by a well-known home delivery company for assigning tasks to its couriers.

The platform used by the company relied on a system known as the “excellence score“, which rewarded the most productive couriers—those who made the most deliveries—and the most reliable ones, i.e. those who worked extensively during high-demand hours, such as evenings or holidays, granting them priority access to selecting subsequent job assignments.

However, this created a significant disparity of treatment compared to workers who could not meet such requirements.

The examined rulings clearly highlight the potential risks associated with the use of artificial intelligence systems in the workplace. These tools, often perceived as inherently impartial due to their technological and non-human nature, can in fact produce discriminatory or inequitable results that are difficult for the user to identify.

Conclusions

The rulings analyzed highlight the risks associated with the use of new artificial intelligence systems, with particular attention to the issue of ensuring equal treatment and preventing discrimination that could arise from their use in the workplace.

It will therefore be crucial for companies to invest time and resources in acquiring a thorough understanding of artificial intelligence tools and learning to use them effectively and responsibly. This is not only to gain competitive advantages in the market but also to ensure that the adoption of technology is fully compliant with existing regulations.

Continue reading the full version published in Agenda Digitale.