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Workplace Transparency Beyond Disclosure: What's Blocking The View?, Lisa J. Bernt
Workplace Transparency Beyond Disclosure: What's Blocking The View?, Lisa J. Bernt
Marquette Law Review
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.