Anti-discrimination Law in the Italian Courts: the new frontiers of the topic in the age of algorithms

WP C.S.D.L.E. “Massimo D’Antona”.IT – 440/2021

Di prossima pubblicazione in Zbigniew Góral, Aneta Tyc, "Rózne oblicza dyskryminacji w zatrudnieniu" ["Different Faces of Discrimination in Employment"], Wolters Kluwer.

In Italy, as in many other countries, discrimination in the workplace, by force of circumstances, has gained much attention during the pandemic. Social and economic restrictions introduced by the Government in order to slow the spread of Covid-19 have, paradoxically, exacerbated existing inequalities, especially those relating to gender, and created new ones. The aim of this chapter is to examine what role antidiscrimination law can play in addressing these inequalities and consider how the law should respond to the new challenges. The chapter provides an analysis and critique of current judicial approaches to discrimination Law. This leads, inter alia, to the question of whether or not there is a need to modify existing legal concepts of discrimination as a result of the emergence of algorithms.

Authors
Santagata De Castro, Raffaello