This update is part of our AI FAQ Series. Learn more at our AI Law Center.
1. What are the workforce implications of AI?
The implications include potential job displacement, the need for retraining and upskilling of employees, changes in hiring practices, and the emergence of new roles focused on AI oversight and ethics. It’s important to anticipate and manage these changes proactively.
2. Can I use AI for screening candidates?
AI can be used for screening candidates, but it must be done in compliance with employment and AI laws, including anti-discrimination statutes. It’s crucial to ensure that the AI does not introduce bias into the hiring process and that its use is transparent to applicants. In Europe, AI systems used in the employment context may be considered “high risk” and subject to strict regulatory obligations.
For more detail, read our article “Automated Hiring Tools: Are My Hiring Practices Subject to AI Regulation?"
3. Can I use AI to monitor my workforce?
Using AI to monitor your workforce can raise ethical and legal issues. At a minimum, you should ensure compliance with applicable employee monitoring and privacy laws and regulations. Be transparent with employees about monitoring practices, their purpose and the data collected. Implement safeguards to prevent misuse and bias, and consider the ethical implications of surveillance on employee trust and morale.
Also consider what records are being created and/or maintained in connection with such monitoring, particularly through the AI systems, tools or platforms being used. Such records may be recoverable or discoverable in the future, including in a dispute with an employee or in other litigation.
4. Do I need to change my employment agreements to address AI use?
It may be necessary to update employment agreements or internal policies to address AI use, specifying which employees may use AI, the tasks AI can perform, and making employees responsible for AI‑generated outcomes. Policies should prohibit the submission of confidential information to unapproved third-party AI tools and require use logs for transparency. Establishing an oversight body for AI use within the company, providing regular training, and enforcing these policies consistently helps to ensure ethical and responsible AI deployment. Employers should consult with legal counsel to adapt these guidelines to their specific needs and legal obligations.
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