Authored By: Giridhar Panuganti
GSKM Law College, Rajamahendravaram
Introduction:
Machines Judging Merit
Artificial Intelligence (AI) is now part of the appraisal and promotion ecosystem across tech-based corporatiBut in this transition, a fundamental concern emerges: can a system designed to process output truly underThis article examines the absence of legal safeguards against automated bias in employment contexts, esp
Smart Coding, Unfair Scoring
In technology companies, AI-based appraisal tools often focus on quantifiable metrics: –
Lines of code submitted
– Code commit frequency
– Jira tickets closed
– Task cycle time
However, such data-driven appraisal systems fail to account for:
– Smart coders who write concise and efficient code
– Developers contributing to system architecture or internal debugging
– Employees who take longer for higher-quality outputs
These systems can unintentionally penalise brilliance that isn’t immediately visible in quantitative outputs. T
Lack of Legal Safeguards in India
India’s legal regime offers no express protection against automated employment decisions. Neither the Digit- Explanation rights for algorithmic decisions
– Anti-discrimination audits of AI systems
– Procedural fairness or grievance redressal for AI-generated reviews
The absence of statutory protection creates a silent but dangerous situation where employees may face de
Global Legal Benchmarks
In contrast:
– The European Union’s AI Act (2024) classifies employment-related AI as ‘high-risk’ and mandates bias au- California’s AB 13 proposes mandatory disclosure when AI influences job outcomes. – In Uber BV v Aslam [2021] UKSC 5, the UK Supreme Court acknowledged the unequal power between w
Constitutional and Labour Law Concerns
Automated systems may infringe upon:
– Article 14 of the Constitution of India: Unequal treatment of caregivers, neurodivergent staff, or remote wor- Article 21: Violations of livelihood dignity and procedural fairness
Yet, courts in India have not fully addressed how AI appraisal tools interact with constitutional protections orRecommendations
