Generative AI in the Workplace

Artificial intelligence, also known as “AI” exists in many different forms through different functions and applications. One example is Generative AI, such as ChatGPT and Google Gemini.

Employers should be aware that employees now often use Generative AI and other AI tools, with or without the employer’s authorization, to perform routine workplace tasks, including:

• Drafting and responding to emails.
• Summarizing lengthy documents.
• Conducting research.
• Preparing presentations.
• Translating documents.
• Recording and transcribing meetings.

Employers and Human Resources use AI tools in various workplace operations such as recruitment, hiring, employee onboarding, and managing performance.

It is important to understand that most employment laws were not designed with these technological developments in mind. However, employers must learn how to use these tool in ways consistent with federal, state, and local employment laws. Employers should consider creating a Generative AI Policy to setup guidelines for the workplace to successfully leverage and protect the company from risk.

Improper or negligent use of AI tools may result in inaccurate responses, disclosure of trade secrets or confidential information and inherent bias or limitations, all of which may lead to employer liability. Employers that permit employees to use Generative AI should train employees on any restrictions or limitations on using the tool.

As AI tools continue to advance and become more popular in the workplace, employers should be prepared and know how to manage the benefits and risks. If you have questions regarding legal risks or policy creation relating to Generative AI, please reach out to Rimon Partner, David Mahoney or Human Capital Business Advisor, Alyssa Murphy to discuss how we can assist.

This summary is provided for informational purposes only and is not intended to constitute legal advice nor does it create an attorney-client relationship with Rimon, P.C. or its affiliates.