Using AI Lawfully & Fairly – Employment Law Update

A recent news story highlights the importance of using AI lawfully and fairly: Payout for Uber Eats driver over face scan bias case – BBC News

In this case, Uber Eats used AI-powered facial recognition checks, allegedly to “keep everyone who uses our app safe.” However, the impact of these checks meant that Pa Edrissa Manjang, a black Uber Eats driver, was required to send numerous selfies and, eventually, his account was removed for “continued mismatches.”

Supported by the Equality and Human Rights Commission and the App Drivers and Couriers Union, Mr Manjang argued that the number of selfies he had been asked for amounted to racial harassment and that the AI-powered facial recognition checks left him financially worse off. Uber Eats relied on Microsoft for its facial recognition checks, who in 2020 limited the use of facial recognition by police in the USA after a US government study found that facial recognition algorithms were less accurate at identifying African-American faces.

An out-of-court settlement was agreed by Uber Eats, which is now facing criticism for its discriminatory use of AI. If you are thinking about using AI, we have a FREE guide which can help you understand and avoid the risks: AI: Artificial Intelligence In The Workplace – A Guide To Employment Law : Wilson Browne. If you need any specific advice, just reach out to one of our employment law solicitors.