++ BREAKING on platform work in Italy ++ A court in Bologna found that Deliveroo’s algorithm penalized workers that booked shifts and then did not logged into the platform within the chosen zone before the start of the shift THREAD 👇🏼 https://twitter.com/robertorotunno/status/1345275036916199424
This, according to the court penalized workers who had previously booked a shift and then could not start working because they were sick or refuse to do so to participate to a strike during the day of the shift
In turn, this amounts to an unlawful discrimination and an illicit restriction to the constitutionally-protected right to strike. The court confirms then that all workers, regardless of their employment status, are constitutionally entitled to the right to strike & its protection
Moreover, it confirms that discrimination and illicit restriction to constitutional rights can occur even where no intent exists, and the discrimination and restriction simply occurs by the operation of an algorithm. Algorithms, therefore, are not immune from judicial review👇🏼
This is all the more relevant because the court ordered Deliveroo to pay damages amounting to 50,000 Euro to the parties. Discrimination can thus cost dearly even if it is indirect and comes from the operation of an algorithm 👇🏼
The case was brought by riders assisted by the biggest m union in Italy, @cgilnazionale Most likely Deliveroo will appeal, but the judgment is anyway a landmark both in Italy and Europe, particularly because it opens to sanctioning indirect discrimination by algorithms
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