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Incident 94: Court Rules Deliveroo Used 'Discriminatory' Algorithm

Description: In December 2020, an Italian court ruled that Deliveroo’s employee ‘reliability’ algorithm illegally discriminated against workers with legitimate reasons for cancelling shifts.

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Alleged: Deliveroo developed and deployed an AI system, which harmed Deliveroo workers with legitimate reasons for cancelling shifts and Deliveroo workers.

Incident Stats

Incident ID
94
Report Count
2
Incident Date
2020-11-27
Editors
Sean McGregor, Khoa Lam
Applied Taxonomies
CSETv0, CSETv1, GMF, MIT

CSETv1 Taxonomy Classifications

Taxonomy Details

Incident Number

The number of the incident in the AI Incident Database.
 

94

CSETv0 Taxonomy Classifications

Taxonomy Details

Problem Nature

Indicates which, if any, of the following types of AI failure describe the incident: "Specification," i.e. the system's behavior did not align with the true intentions of its designer, operator, etc; "Robustness," i.e. the system operated unsafely because of features or changes in its environment, or in the inputs the system received; "Assurance," i.e. the system could not be adequately monitored or controlled during operation.
 

Specification

Physical System

Where relevant, indicates whether the AI system(s) was embedded into or tightly associated with specific types of hardware.
 

Software only

Level of Autonomy

The degree to which the AI system(s) functions independently from human intervention. "High" means there is no human involved in the system action execution; "Medium" means the system generates a decision and a human oversees the resulting action; "low" means the system generates decision-support output and a human makes a decision and executes an action.
 

High

Nature of End User

"Expert" if users with special training or technical expertise were the ones meant to benefit from the AI system(s)’ operation; "Amateur" if the AI systems were primarily meant to benefit the general public or untrained users.
 

Amateur

Public Sector Deployment

"Yes" if the AI system(s) involved in the accident were being used by the public sector or for the administration of public goods (for example, public transportation). "No" if the system(s) were being used in the private sector or for commercial purposes (for example, a ride-sharing company), on the other.
 

No

Data Inputs

A brief description of the data that the AI system(s) used or were trained on.
 

employee activity history, shift schedules

MIT Taxonomy Classifications

Machine-Classified
Taxonomy Details

Risk Subdomain

A further 23 subdomains create an accessible and understandable classification of hazards and harms associated with AI
 

1.1. Unfair discrimination and misrepresentation

Risk Domain

The Domain Taxonomy of AI Risks classifies risks into seven AI risk domains: (1) Discrimination & toxicity, (2) Privacy & security, (3) Misinformation, (4) Malicious actors & misuse, (5) Human-computer interaction, (6) Socioeconomic & environmental harms, and (7) AI system safety, failures & limitations.
 
  1. Discrimination and Toxicity

Entity

Which, if any, entity is presented as the main cause of the risk
 

AI

Timing

The stage in the AI lifecycle at which the risk is presented as occurring
 

Post-deployment

Intent

Whether the risk is presented as occurring as an expected or unexpected outcome from pursuing a goal
 

Unintentional

Incident Reports

Reports Timeline

Incident OccurrenceItalian court rules against ‘discriminatory’ Deliveroo rider-ranking algorithmCourt Rules Deliveroo Used 'Discriminatory' Algorithm
Italian court rules against ‘discriminatory’ Deliveroo rider-ranking algorithm

Italian court rules against ‘discriminatory’ Deliveroo rider-ranking algorithm

techcrunch.com

Court Rules Deliveroo Used 'Discriminatory' Algorithm

Court Rules Deliveroo Used 'Discriminatory' Algorithm

vice.com

Italian court rules against ‘discriminatory’ Deliveroo rider-ranking algorithm
techcrunch.com · 2021

A court in Italy has dealt a blow to unalloyed algorithmic management after a legal challenge brought by three unions. The Bologna court ruled that a reputational-ranking algorithm used by on-demand food delivery platform Deliveroo discrimi…

Court Rules Deliveroo Used 'Discriminatory' Algorithm
vice.com · 2021

An algorithm used by the popular European food delivery app Deliveroo to rank and offer shifts to riders is discriminatory, an Italian court ruled late last week, in what some experts are calling a historic decision for the gig economy. The…

Variants

A "variant" is an incident that shares the same causative factors, produces similar harms, and involves the same intelligent systems as a known AI incident. Rather than index variants as entirely separate incidents, we list variations of incidents under the first similar incident submitted to the database. Unlike other submission types to the incident database, variants are not required to have reporting in evidence external to the Incident Database. Learn more from the research paper.

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