The law and business of people analytics: Big data: Can the attempt to be more discriminating be more discriminatory instead?

Big Data or People Analytics is becoming a major factor in human resources decision making, but the legal landscape has not yet changed sufficiently to respond to the issues this use raises, as has been previously pointed out: At the same time new tools and methods that rely on concepts of Big Data are becoming part of the daily landscape in human resource departments, employers continue to operate in a legal environment based on precedent and history with few guideposts that translate seamlessly into the world of Big Data. The issues that can arise either are brand new or develop in a context that makes yesterday\u27s compliance paradigm difficult to apply