This is extremely interesting, thanks @mario_gug for sharing: the Bologna court (Tribunale del Lavoro) states that 'Frank', the algorithm used by Deliveroo to assign score to riders, is discriminatory (1/n) https://www.ansa.it/emiliaromagna/notizie/2021/01/02/rider-cgilalgoritmo-discrimina-sentenza-tribunale-bologna_cc14c299-2c6b-411b-b677-496549ee3af1.html

A few points. First, court recognises that safeguards from labour discrimination law applies to all workers, riders too. Second, with regards to the organisation bringing the claim, the trade union: (2/n)

Court recognises a group right here even though there is no named subject the discrimination can be specifically relate to. This is because it is within the statutory function of the organisation to challenge discrimination in workplaces (3/n)

Moving to the algo. Riders who can access booking system earlier have more opportunities BUT court finds that late cancellation (24 hours) have a big impact on individual riders' rating and their access to the booking slots... so: (4/n)

it follows that is a rider is ill, has an emergency, or wants to join a strike then they could be discriminated - bottom line is that the company/algo does NOT take into account the reason of a late cancellation.Court also acknowledges major issues of lack of access to algo (5/n)

This is important from the Court: discrimination of riders arises from 'thoughtlessness (as defined by Deliveroo - meaning not thinking of consequences) and blindess (as defined by both sides) around the algorithm, how it was build and deployed (6/n)

Court states that Deliveroo booking system (SSB) leads to indirect discrimination as it applies an apparently neutral norm (the contract on late cancellation) but this disposition could however end up discriminating against workers who have an emergency or join a strike (7/n)

This is certainly new interesting territory for labour, privacy and discrimination law! @andrew4mk @CjColclough @montezumachavez @SandraWachter5 @Floridi @mer__edith @AllisonCGardner @fabiochiusi @ChiOnwurah @gabrielazanfir @ImogenParker @Reema__Patel @TechMilly @RDBinns