{"title":"劳动法中的基因歧视和数字歧视:问题陈述","authors":"N. V. Chernyh","doi":"10.17803/2311-5998.2024.114.2.048-057","DOIUrl":null,"url":null,"abstract":"The last few decades have been characterized by the most active development of medicine and genetics, leading to the emergence of new knowledge about the functioning of the human body. The identification of a genetic predisposition to the development of certain diseases requires a rethink of traditional approaches to the use of employee personal data, labor protection, and the balance of public and private interests in labor legislation. This article analyzes approaches to determining the legal nature of genetic information, identifies possible areas of restriction of workers’ rights depending on the identification of hereditary predisposition to certain diseases, draws a line between discrimination based on genetic characteristics and differentiation. In the context of the active digitalization of personnel processes, the risks of possible digital discrimination in the selection and evaluation of employees using artificial intelligence technologies are noted.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"12 2","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2024-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Genetic and Digital Discrimination in Labor Law: Problem Statement\",\"authors\":\"N. V. Chernyh\",\"doi\":\"10.17803/2311-5998.2024.114.2.048-057\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The last few decades have been characterized by the most active development of medicine and genetics, leading to the emergence of new knowledge about the functioning of the human body. The identification of a genetic predisposition to the development of certain diseases requires a rethink of traditional approaches to the use of employee personal data, labor protection, and the balance of public and private interests in labor legislation. This article analyzes approaches to determining the legal nature of genetic information, identifies possible areas of restriction of workers’ rights depending on the identification of hereditary predisposition to certain diseases, draws a line between discrimination based on genetic characteristics and differentiation. In the context of the active digitalization of personnel processes, the risks of possible digital discrimination in the selection and evaluation of employees using artificial intelligence technologies are noted.\",\"PeriodicalId\":508920,\"journal\":{\"name\":\"Courier of Kutafin Moscow State Law University (MSAL))\",\"volume\":\"12 2\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2024-05-20\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Courier of Kutafin Moscow State Law University (MSAL))\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.17803/2311-5998.2024.114.2.048-057\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Courier of Kutafin Moscow State Law University (MSAL))","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.17803/2311-5998.2024.114.2.048-057","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Genetic and Digital Discrimination in Labor Law: Problem Statement
The last few decades have been characterized by the most active development of medicine and genetics, leading to the emergence of new knowledge about the functioning of the human body. The identification of a genetic predisposition to the development of certain diseases requires a rethink of traditional approaches to the use of employee personal data, labor protection, and the balance of public and private interests in labor legislation. This article analyzes approaches to determining the legal nature of genetic information, identifies possible areas of restriction of workers’ rights depending on the identification of hereditary predisposition to certain diseases, draws a line between discrimination based on genetic characteristics and differentiation. In the context of the active digitalization of personnel processes, the risks of possible digital discrimination in the selection and evaluation of employees using artificial intelligence technologies are noted.