Professor Keith Cunningham-Parmeter has been selected as the recipient of the 2024 Huffman Award for his article, Discrimination by Algorithm: Employer Accountability for Biased Customer Reviews. The Huffman Award recognizes a professor at the law school for a significant piece of legal scholarship that was published in the preceding year. The recipient is chosen by a three-member faculty committee.
Professor Cunningham-Parmeter’s work has brought critical attention to the challenges faced by gig workers and other employees subject to customer rating systems, which he argues can perpetuate discrimination under the guise of consumer feedback. His recent article in the UCLA Law Review, Discrimination by Algorithm: Employer Accountability for Biased Customer Reviews, addresses how unchecked rating systems can sideline fundamental employment protections by allowing customer biases to influence workers’ livelihoods. Professor Cunningham-Parmeter describes this phenomenon as creating an “algorithmic cliff” where workers risk deactivation or dismissal based on potentially biased customer reviews.
The article proposes holding companies accountable for biased feedback by applying traditional antidiscrimination laws to these new work environments. By highlighting the ways in which customers have taken on the role of becoming “algorithmic managers” - able to discipline or even discharge workers - Professor Cunningham-Parmeter makes a compelling case for rethinking the role of customer feedback in employment.
As Professor Cunningham-Parmeter explains, “While many companies outwardly support antiracist principles, they fail to implement measures that would prevent racist feedback from negatively impacting workers.” His article argues for a liability model that would incentivize companies to adhere to antidiscrimination principles actively, rather than rely on superficial measures.
In addition to Discrimination by Algorithm, which was published in the UCLA Law Review, Cunningham-Parmeter has explored related topics in pieces such as “From Amazon to Uber: Defining Employment in the Modern Economy,” published in the Boston University Law Review. In that piece, he analyzed the “contractor defense,” where companies classify workers as independent contractors, thereby avoiding obligations related to antidiscrimination, overtime, and other employment protections.
The Huffman Award for Scholarship in Law is presented annually to a faculty member whose scholarship has made a lasting impact on legal thought. “Professor Cunningham-Parmeter’s work on algorithmic discrimination reflects Lewis & Clark’s commitment to legal scholarship that confronts modern challenges with innovative solutions. His research brings meaningful insights into the digital economy and workplace fairness,” remarked Dean John Parry. “I strive to write scholarship that reaches diverse audiences,” Cunningham-Parmeter said. “I hope that this article will spark a robust discussion about antidiscrimination law among lawyers, judges, and scholars.”
Keith Cunningham-Parmeter joined Lewis & Clark Law School as a Professor of Law in January 2024. This fall, he was named the Robert E. Jones Professor of Advocacy and Ethics. He teaches Contracts, Employment Law, Current Issues in Work Law, and Labor Law. Professor Cunningham-Parmeter’s publications have appeared in other leading law journals and have been cited in the Yale Law Journal, the Stanford Law Review, the Harvard Law Review, and by Justice Ruth Bader Ginsburg. His full list of publications can be found here.
