AI, Discrimination, and the Equality Act: Exploring Liability and Unlawfulness

In this episode Professor Catherine Barnard, Professor of EU and Employment Law at the University of Cambridge discusses with Katherine Apps KC how discrimination claims could be litigated in the context of the use of AI.  Catherine discusses existing case law on algorithmic determinations and how the elements of a discrimination claim could be demonstrated by a claimant or organisation. Catherine and Katherine also discuss potential defences and liability by companies and public authority for contractors’ software and how this is likely to be approached.  Catherine also discusses the new proposal for an EU Platform Work directive and the structure used for regulation of algorithmic performance measures and whether it could become a blueprint used in other areas.