Discrimination in the automated targeting of job advertising: The role of the General Data Protection Regulation

Abstract

Recently, companies have increasingly been using AI to attract potential candidates through targeted job advertising, whose delivery is then algorithmically optimised. By excluding certain groups from job opportunities, these practices can discriminate in access to work, in relation to grounds protected by EU equality law. This article investigates the possible role of GDPR (Reg. n. 2016/679) in litigating discrimination in targeted and optimised job advertising. It firstly analyses whether and how the data access right under Art. 15(1)(h) can be exercised to gather the prima facie discrimination evidence necessary to bring a discrimination claim against the employer. It then deepens the potential use of Art. 80(2) to address the challenges relating to litigating these discriminatory practices, particularly the victims’ lack of awareness and their difficulty in coordinating.