FOR 5906 - SP 2: Protection against discrimination as a limit to machine decision-making

Basic data for this project

Description

The subproject examines the extent to which anti-discrimination law, which is tailored to human behavior, restricts decisions made by autonomous systems. After initially establishing the foundations of anti-discrimination law, an exemplary examination of legal aspects of labour, private, and social law will be conducted within an interdisciplinary framework. All three areas under investigation share not only the possibility or reality of selection decisions being made by autonomous systems but also similar interests at stake: on one hand, economic considerations such as efficient use of resources and cost savings are often involved, while on the other hand, there is a particular interest in protection due to structural inferiority (e.g., employees, consumers, tenants) or a relationship between the state and its citizens (e.g., job seekers, insured persons). The goal of this subproject is to abstract from the specific constellations and identify commonalities and underlying concepts. It aims to develop possibilities for shaping the law that aim to unify and simplify it. The working objective is to establish a uniform level of protection across the three areas. This subproject is essential for answering the guiding research question of the research association, as it comprehensively illuminates the protection against discrimination and provides solution approaches for legislative practice that claim validity beyond the investigated areas, without losing sight of the different levels of protection. The investigation in this subproject is guided by the following core hypotheses: A. A stable legal basis with high standards is indispensable for effectively addressing potential discriminations through autonomous systems. B. From the perspective of the level of protection, the interdisciplinary examination reveals central differences, which are shaped by whether the union law (Article 21 of the Charter of Fundamental Rights) or constitutional equality clause (Article 3(1) of the German Fundamental Law) applies directly or indirectly, whether the General Act on Equal Treatment (AGG) is applicable, or none of these variants apply. Protection gaps become visible, and considerations of prevention are neglected. C. Building on the knowledge gained, a coherent system of anti-discrimination protection can be developed as a limit to machine decision-making.