In a landmark case that highlights the complexities and potential biases of artificial intelligence (AI) in the workplace, a food delivery driver has secured an undisclosed financial settlement with Uber Eats following allegations of race discrimination. This dispute arose after the driver’s suspension from the platform, which was attributed to the company’s use of facial recognition ai technology.
The Case Unfolds – AI Technology Unpacked
Pa Edrissa Manjang, who has been delivering for Uber Eats in Oxfordshire since 2019, initiated an employment tribunal claim in October 2021. Manjang accused the company of indirect race discrimination, harassment, and victimisation. Despite Uber Eats’ efforts to dismiss the claim, a judge ruled in May 2022 to proceed with the case, highlighting its significance in addressing AI’s impact on employment practices.
The Equality and Human Rights Commission (EHRC) and the App Drivers and Couriers Union (ADCU) backed Manjang’s legal challenge. The support came after he faced ongoing issues with Uber Eats’ verification system, which utilises facial recognition software powered by AI. Manjang’s access to the driver platform was revoked following a failed identification check in 2021, underlining concerns regarding AI’s fairness and transparency in employment contexts.
AI’s Discriminatory Impact
The use of AI and automated processes, particularly those involving facial recognition, has come under scrutiny for potentially discriminating against ethnic minorities. Research indicates a significant discrepancy in the accuracy of recognising different racial groups, with the highest error rates reported in identifying faces of colour, especially Black women. This disparity underscores the fallacy of technology’s impartiality, revealing its capacity to perpetuate human biases.
Calls for Transparency and Accountability
The EHRC has expressed satisfaction over the settlement but emphasised the necessity for clarity regarding the use of AI in the workplace. Baroness Kishwer Falkner, EHRC chairwoman, stressed the importance of employers being upfront with their staff about the deployment of AI technologies. The case also underlines the need for effective mechanisms to challenge AI-driven decisions, particularly when they affect individuals’ livelihoods.
Uber Eats has since updated its identification technology to include a “robust human review” process, aiming to mitigate the risks of unjustified suspensions. Nevertheless, the case serves as a cautionary tale for businesses employing AI tools, urging them to prioritise fairness, transparency, and accountability.
A Continued Debate on AI in the Workplace
As AI systems become increasingly integral to workforce management, the risks associated with opaque and unfair decision-making processes grow. Legal experts and trade unions advocate for greater protections against AI-induced discrimination and for more straightforward procedures to contest AI-based decisions. The government’s recent guidance on responsible AI in recruitment reflects a growing awareness of these issues, aiming to help employers minimise bias and discrimination.
Despite the challenges faced, Manjang has resumed working with Uber Eats, though the circumstances surrounding his reactivation remain unclear. His case sheds light on the broader implications of AI in the gig economy, highlighting the urgent need for regulatory oversight and ethical considerations in technology’s evolving role in the workplace.
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