Anti-subordination and algorithmic discrimination

Abstract

The anti-subordination perspective of anti-discrimination law is based on the notion of equality as non-exclusion. As it currently operates in different contexts, artificial intelligence contributes to the perpetuation of social systems of oppression/subordination that cause exclusion. This article analyzes the dichotomy between the anti-classification and anti-subordination perspectives and their impact in the fight against algorithmic discrimination. To this end, four key elements are studied to understand the anti-subordination perspective (stereotypes, non-neutrality, decontextualization and monoculture) that show that the same criticism made from the anti-subordination perspective to the Law can be directed to artificial intelligence (as both are areas in which power is concentrated). Finally, we propose some anti-subordination measures aimed at confronting algorithmic discrimination.