The abrupt transition to remote work caused by the COVID-19 pandemic brought with it increased reliance on artificial intelligence (“AI”) as virtually all facets of the employment lifecycle shifted from in-person to remote. The pandemic also opened the door for new AI to gain traction as employers sought ways to enhance the productivity and experience of the virtual workforce. For instance, while companies continued to use automated technology to screen résumés, analyse video interviews, and track employee productivity, some companies took it a step further and began exploring virtual reality (“VR”) to bridge the gap between in-person work and remote work. Never before have we seen such rapid adoption and development of AI in the employment context.

The increased use of AI, however, comes with attendant risks: including the significant risk that automated algorithms, like humans, are not immune from bias. Indeed, algorithms are capable of adopting the inherent biases underlying past employment practices or social conventions embedded in their code, through the data sets they rely upon. In this regard, reliance on computerised decision-making can unknowingly cause employers to make decisions that implicate laws governing the employment relationship. Similarly, providing employees with access to VR comes with significant risks including, for example, the risk of exclusion for disabled employees, as well as the risk of privacy infringement, discrimination and sexual harassment. This chapter will examine some of the potential legal implications that may arise from the use of AI in the workplace as well as the legislative and regulatory responses.

Reproduced with permission. Originally published 2022, “Global Legal Insights – AI, Machine Learning & Big Data 2022, Fourth Edition," Global Legal Group Ltd, London.