Artificial Intelligence in Employment Decision-Making: Legal Challenges and Implications
Artificial Intelligence in Employment Decision-Making: Legal Challenges and Implications

Author(s): Dana Volosevici
Subject(s): Law, Constitution, Jurisprudence, Law on Economics, Labour and Social Security Law
Published by: ADJURIS – International Academic Publisher
Keywords: artificial intelligence; employment decision-making; labour law; data protection; employee participation;
Summary/Abstract: This study explores the legal challenges arising from the use of artificial intelligence in employment decision-making, with particular attention to its implications for employees’ rights and managerial accountability. The primary objective is to evaluate whether existing legal frameworks, most notably the General Data Protection Regulation and the Artificial Intelligence Act, offer sufficient protection against the risks associated with automated and algorithmically informed decisions in the workplace. Employing a qualitative methodology, the research is grounded in doctrinal analysis of relevant European legal instruments, supplemented by a review of academic literature in labour law, data protection, and algorithmic governance. The study adopts an interdisciplinary perspective, combining legal analysis with insights from organisational psychology and data science. The findings underscore key concerns, including the risk of indirect discrimination, the opacity of algorithmic decision-making processes, and the potential dilution o fmanagerial responsibility. In response, the paper recommends a series of organisational measures such as targeted training, structured collective bargaining on AI deployment, and the adoption of a sustainable, rights-oriented approach to managing the workforce. The study concludes that a multidimensional governance model is essential to ensure that technological innovation remains aligned with the protection of workers’ fundamental rights and the principles of democratic workplace governance.

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