Legal Regulatory Pathways for Algorithmic Discrimination from the Perspective of Transitional Workers' Rights and International Human Rights Standards
The rapid development of digital technology, the rise of algorithmic power, and the restructuring of data platforms have challenged traditional constitutional value systems. The emergence of platform economies in the digital age has led to the continuous expansion of the "transitional worker" population. However, the protection of their legitimate rights and interests fails to develop proportionally with this growth, resulting in structural dilemmas such as the alienation of labor processes by algorithms, imbalances in procedural justice, inadequate remedies, employment discrimination, and threats to life safety. To uphold the fundamental rights of transitional workers and adhere to a "human-centered" approach, China faces judicial challenges including the absence of adjudicative rules for algorithmic discrimination and difficulties in workers' rights protection. This paper proposes legislative measures such as establishing an "algorithmic dependency" identification standard, judicial reforms like implementing reversed burden of proof and enhancing constitutional review, and technical solutions including tiered audit systems and anti-discrimination algorithm tools. These aim to achieve ethical-technological integration and construct a Chinese paradigm for protecting transitional workers' rights in the new employment landscape of the algorithmic era.
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