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Re:Data scientists shouldn't use Upwork by gumby on Thursday July 11, 2019 @12:47PM (#20413082)
They are protected against certain kinds of discrimination, but no human discriminated against them. It was simply a dispassionate algorithm and an algorithm can't display malice!

Grrr... or that's what they, and probably the courts, would say.

The OP calling it "discrimination laundering" had it right.

Re:Data scientists shouldn't use Upwork by lmkg on Thursday July 11, 2019 @02:26PM (#20414050)
> probably the courts, would say

The courts are the ones that created the doctrine of "disparate impact." A criterion can be discriminatory even if it doesn't look discriminatory on its face. And, importantly, it does not require intent to discriminate, only impact.

Re:Data scientists shouldn't use Upwork by pkaye on Thursday July 11, 2019 @01:57PM (#20413769)
I don't think you can use "no human discriminated against them" as a defense. It could still be constructive discrimination.