Abstract
The nature of work and status of workers has fundamentally changed over the past years in response to the rapid proliferation and introduction of Artificial Intelligence (AI) and Machine Learning (ML) technologies in the modern workplace, particularly in context of algorithmic and automated decision-making processes. These automated processes revolutionize the organization and management of human labor and are frequently used to make determinative decisions regarding the recruitment, performance and retention of workers. Against this background, concerns have arisen in relation to possible issues of algorithmic bias or discrimination, the maintenance of
accountability and transparency, and the assurance of fairness and equity in the substantive decisions reached by these automated processes. This research paper investigates how the law responds to these concerns and regulates the use of AI and ML in automating decision-making processes within the modern workplace. The research paper adopts a comparative assessment of relevant labor protection laws in the United States and Europe, and focuses particularly on anti-discrimination and equality laws, data protection and privacy laws, as well as on the piecemeal legislative emergence of targeted AI regulations.