Workplace Transparency Beyond Disclosure: What's Blocking the View?

Bernt, Lisa J

Journal: Marquette Law Review

Volume: 105

First Page: 73

Year: 2021

Bluebook Citation: 105 MARQ. L. REV. 73 (2021)

Author: Lisa J. Bernt: all 3 publications


Abstract

Recent developments have exacerbated informational asymmetry between employers and workers. Employers increasingly use “black box” automateddecision systems, such as machine learning processes where algorithms are used in recruitment and hiring. They have technological tools that enable intense monitoring of workers. Contemporary work relationships have changed, with trends toward remote and scattered worksites. Employees are more frequently bound by nondisclosure agreements, non-disparagement provisions, and mandatory arbitration agreements. These developments have made it more difficult for workers to communicate with each other and to act collectively.

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