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). In December 2020, an Italian court ruled that an algorithm used by Deliveroo, a popular app-based bicycle food delivery company, resulted in discriminatory employee management. 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 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. The Italian court considered the ‘Frank’ algorithm, developed by Deliveroo to allocate orders, as allowing the exercise of control at the expense of workers’ social rights. 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”. The court found it to be the ‘conscious choice’ of management to subordinate riders through a ‘discriminatory’ reputational system. Platform Work, Antidiscrimination law, Artificial Intelligence, Algorithm Abstract ![]() Specifically, this Deliveroo case demonstrates conclusively how unthinking reliance on algorithms simply because they are perceived to be useful can lead to unintended discrimination with the. ![]() Fondazione Marco Biagi - Università di Modena e Reggio Emilia Whilst we understand that the algorithm at the heart of that case is now defunct, there is an important lesson to be learnt from the decision.
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