Customer Ratings as a Vector for Discrimination in Employment Relations? Pathways and Pitfalls for Legal Remedies

Proceedings of the Marco Biagi Conference 2018

17 Pages Posted: 20 Mar 2018 Last revised: 18 Apr 2018

See all articles by Rossana Ducato

Rossana Ducato

School of Law, University of Aberdeen; Université Catholique de Louvain

Miriam Kullmann

Vrije Universiteit Amsterdam; Harvard University Weatherhead Centre for International Affairs

Marco Rocca

CNRS - University of Strasbourg - UMR 7354

Date Written: January 31, 2018

Abstract

The use of customer ratings to evaluate worker performance is increasingly worrisome because of its widespread use in the gig-economy. As scholars in computer and social sciences denounce, this practice entails the risk of producing discriminatory outcomes, by reproducing biases existing in society. By drawing an analogy with discriminatory practices adopted by an employer to satisfy its customers’ preferences, we propose a legal analysis of this phenomenon grounded in EU non-discrimination law. Thus, we first analyse the issues related to the application of non-discrimination law to (alleged) self-employed workers. Then, we address the lack of access for the individual worker to the data regarding customers’ ratings. We conclude by arguing that the use of customer ratings should be considered as a suspect criterion, while the current (EU) non-discrimination laws should be modernised through a clearer inclusion of (alleged) self-employed workers.

Keywords: discrimination, data protection, ratings, online platforms

Suggested Citation

Ducato, Rossana and Kullmann, Miriam and Kullmann, Miriam and Rocca, Marco, Customer Ratings as a Vector for Discrimination in Employment Relations? Pathways and Pitfalls for Legal Remedies (January 31, 2018). Proceedings of the Marco Biagi Conference 2018, Available at SSRN: https://ssrn.com/abstract=3141156

Rossana Ducato

School of Law, University of Aberdeen ( email )

Taylor Building
King's College
Aberdeen, Scotland AB24 3UB
United Kingdom

Université Catholique de Louvain ( email )

Bruxelles, 1000
Belgium

HOME PAGE: http://www.rosels.eu/member/rossana-ducato/

Miriam Kullmann

Vrije Universiteit Amsterdam ( email )

De Boelelaan 1105
Amsterdam, ND North Holland 1081 HV
Netherlands

Harvard University Weatherhead Centre for International Affairs ( email )

1875 Cambridge Street
Cambridge, MA 02138
United States

Marco Rocca (Contact Author)

CNRS - University of Strasbourg - UMR 7354 ( email )

61, avenue de la foret noire
Strasbourg, 3000
France

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
198
Abstract Views
1,628
rank
210,912
PlumX Metrics