Author(s)

Yang Luyao ¹

Affiliation(s)

¹ Department of Law, Macau University of Science and Technology, Macau, China

Corresponding Author

Yang Luyao

ABSTRACT

The advent of the algorithmic era has brought significant changes and impacts to our lives. While algorithmic technologies have improved production efficiency and the speed of information dissemination, they have also raised growing concerns about algorithmic discrimination. Phenomena such as "big data discrimination" and recruitment algorithms unfairly screening candidates based on gender or race have become widespread in social life, hindering the realization of social justice and violating the fundamental values of law. To effectively prevent and remedy the harms caused by algorithmic discrimination, the establishment of a corresponding legal framework is of utmost importance. In this process, whether the concept and content of the traditional principle of equality can reasonably delineate the boundaries of algorithmic discrimination and provide effective remedies remains insufficiently discussed. An examination of the principle of equality and its applicability to algorithmic discrimination reveals that algorithmic discrimination possesses distinct characteristics compared to traditional forms of discrimination and cannot be fully addressed through conventional equality frameworks. Addressing algorithmic discrimination under the equality principle requires new forms of legal intervention. In this regard, incorporating the rights to algorithmic interpretation and algorithmic transparency into regulatory mechanisms offers a promising approach to mitigating algorithmic discrimination and upholding the principle of equality.

KEYWORDS

Equality Principle, Direct Discrimination, Indirect Discrimination, Algorithmic Discrimination

CITE THIS PAPER

Yang Luyao. The Application and Development of the Principle of Equality in Algorithmic Discrimination. Science of Law Journal (2025) Vol. 4: 134-142. DOI: http://dx.doi.org/DOI: 10.23977/law.2025.040420.

REFERENCES

[1] Li Weiwei: The application and development of the principle of equality in anti-discrimination law-along with China's anti-discrimination legislation [J]. Political and Legal Affairs Forum, 2009(01):126-134.
[2] Jin Tao: Can discrimination be "indirect"? --An analysis of the problem of indirect discrimination's culpability [J]. The Rule of Law and Social Development, 2021(06):51-67.
[3] Li Zhiying: The two faces of algorithmic discrimination and its legal regulation [J]. Jiaotong University Law, 2024(01):148-161.
[4] Jingzi Cui: The crisis and response of equal rights protection under the challenge of algorithmic discrimination [J]. Legal Science (Journal of Northwestern University of Politics and Law), 2019(03):29-42.
[5] Toribio, J. (2021) Responsibility for implicitly biased behavior: A habit‐based approach. Journal of Social Philosophy, 53, 239–254.
[6] Guo Zhe: Rethinking algorithmic power [J]. Law Review, 2020(06):33-41.
[7] Wang Shuyao, Zhang Qinyu: Theoretical reflection of algorithmic discrimination and normative reconstruction of algorithmic decision-making [J]. E-Government, 2024(10):100-111.
[8] Li Dan: On the determination of tort liability for algorithmic discrimination against consumers--an empirical examination based on judicial decisions [J]. Contemporary Law, 2023(06):75-85.
[9] Zheng Zhihang, XU Zhaoxi: Legal regulation and judicial review of algorithmic discrimination in the era of big data--taking the U.S. legal practice as an example [J]. Comparative Law, 2019(04):111-122.
[10] Zhang Endian, Beyond the algorithmic right to know: reflection and construction of the theoretical model of the algorithmic right to interpretation [J]. Southeast Law Journal, 2022(01):1-17. 
[11] Zhang Endian, Theoretical reflection and institutional construction of algorithmic transparency [J]. Journal of Huazhong University of Science and Technology (Social Science Edition), 2023(06):29-40.
[12] Felzmann, H., Fosch-Villaronga, E., Lutz, C., et al. (2020) Towards transparency by design for artificial intelligence. Science and Engineering Ethics, 26, 3333–3361.

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