Behind the Scenes of Deliveroo’s Algorithm: in the Blindness of “Frank” its Discriminatory Potential

Abstract

This article addresses some of the main topics arising from the order issued by the Court of Bologna on 31 December 2020 which has declared the potentially discriminatory nature of the work sessions’ “self-service booking” system of the platform “Deliveroo”. In the first part, the question of the applicability of anti-discrimination law to cases of discrimination on trade union grounds is positively resolved, on the basis of domestic, European and international legislation and case law. In addition, noting the strategic nature of the lawsuit proposed, the hypothesis that anti-discrimination protection could be a more effective means of protection for those workers with a debated legal classification is outlined. In the second part, starting from the description of the discriminatory nature of the digital platform’s algorithm system, it concludes with a broader reflection on Artificial Intelligence, stimulated by the Proposal for a Regulation of the European Parliament and of the Council laying down harmonised rules on Artificial Intelligence (Artificial Intelligence Act).