Hiring Algorithms in the Canadian Private Sector: Examining the Promise of Greater Workplace Equality

Private-sector employers are increasingly using hiring algorithms as a tool for screening job applicants, comparing qualifications, and ultimately determining which candidates should be selected. Within this context, hiring algorithms make no small promise: a hiring process that is not only more efficient and effective, but also more supportive of workplace equality. This promise rests largely on the notion that traditional human-driven models of hiring are beset by subjective biases and prejudices, whereas hiring algorithms, which are driven by hard data and objective evidence, can eliminate certain human biases and prejudices, thereby promoting workplace equality. But can hiring algorithms deliver on this promise? This article, which focuses on issue identification, argues that while hiring algorithms may, when used carefully, assist in mitigating certain hiring discrimination risks, their capacity to do so is not without limits, and they may in fact introduce certain concerns over systemic discrimination

Identity-Related Information Asymmetry: Exploring Responses to the “Faceless Other”

This paper will explore the following core question: What are the various ways in which a known subject may respond to the “faceless other,” and how do we navigate and explain that choice? I will proceed as follows: Parts I and II synthesize the literature on identity and anonymity in conflicts. Part I focuses on understanding the behavior of the “faceless other”, and Part II examines theories as to how the subject responds to the “faceless other.” In Part III, I argue that, when faced with IRIA, we typically adopt one of five common (though often ill-advised) responses. These are by no means exhaustive of the potential responses, but they broadly represent five common reactions to the IRIA dilemma. Which response is preferable will depend on the context of the conflict. Part IV introduces a sixth approach: embracing asymmetry. I will argue that embracing asymmetry is a far less common, but often more fruitful, response. Part V adds a final piece to the puzzle: culture. Part VI provides a conclusion

Legislating Away Illness: Examining Efforts to Curb the Development of Eating Disorders Through Law

In response to concerns over the alarmingly high incidence of eating disorders, both the Israeli Parliament and the French Parliament have passed legislation restricting advertising and modelling practices, and the California State Assembly has recently sought to do the same. In light of the severity and prevalence of eating disorders, as well as the growing body of evidence suggesting a strong connection between the media and the proliferation of eating disorders, legislators are understandably attempting to stem this scourge through legal means. Although recent attempts to “legislate away” eating disorders are laudable and may make a significant difference in reversing current trends, this article argues that such legal measures are not enough. The prospect of regulating the fashion and media industries through law raises several important questions. To what extent should the state regulate commercial expression to protect vulnerable individuals? Is such an intrusion overly paternalistic? If law is the answer (or at least part of the answer), precisely how should the legislation be devised, and what might be its contours? How do we strike a balance between the public interest in promoting healthy body images and protecting lives and the interests of fashion and media industry stakeholders’ freedom of expression? More generally, a key concern canvassed in this article is how the appropriate balance can be struck between public health concerns and other compelling interests, principles, and values

Legislating Away Illness: Examining Efforts to Curb the Development of Eating Disorders Through Law

In response to concerns over the alarmingly high incidence of eating disorders, both the Israeli Parliament and the French Parliament have passed legislation restricting advertising and modelling practices, and the California State Assembly has recently sought to do the same. In light of the severity and prevalence of eating disorders, as well as the growing body of evidence suggesting a strong connection between the media and the proliferation of eating disorders, legislators are understandably attempting to stem this scourge through legal means. Although recent attempts to “legislate away” eating disorders are laudable and may make a significant difference in reversing current trends, this article argues that such legal measures are not enough. The prospect of regulating the fashion and media industries through law raises several important questions. To what extent should the state regulate commercial expression to protect vulnerable individuals? Is such an intrusion overly paternalistic? If law is the answer (or at least part of the answer), precisely how should the legislation be devised, and what might be its contours? How do we strike a balance between the public interest in promoting healthy body images and protecting lives and the interests of fashion and media industry stakeholders’ freedom of expression? More generally, a key concern canvassed in this article is how the appropriate balance can be struck between public health concerns and other compelling interests, principles, and values