Report: GAI in the Workplace Raises Significant Employment Law Issues

The appearance and rapid rise of GAI (generative AI) has produced, among many things, great promise and, perhaps, even greater fear. Beyond all the technical (How does it work?), practical (What can we use it for?), and ethical (Will it kill us?) questions, the release of Chat GPT and its competitors have raised, there’s also this: What effects will the spread of GAI have on employment law and how people will do their jobs? And do we even know what questions to ask at this point?

A report from employment and franchise law firm Littler Mendelson, clocking in at nearly 60 pages, is here to help (and it’s not from the government). Focusing on labor and employment law, the report, “An Overview of the Employment Law Issues Posed by Generative AI in the Workplace” covers the major issues created by adding GAI to your company.

Fittingly, the introduction has five sections: 1) Artificial Intelligence Arrives in Everyday Life – The Release of ChatGPT; 2) The Darker Side of Generative AI; 3) The Risks of Generative AI for Employers; 4) Other Legal Risks of Generative AI for Organizations; and 5) Preparing for the Impact of Generative AI. Here’s an excerpt from the first section:

Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to impact the workplace in various ways. On the positive side, it can automate repetitive and time-consuming tasks, leading to increased efficiency and productivity. For example, it can assist with data entry, customer service, and content creation. Additionally, it can help businesses to analyze and make sense of large amounts of data, leading to better decision-making.

However, the rise of generative AI also raises concerns about its impact on labor and employment. It is predicted that many jobs that involve routine tasks, such as data entry, customer service, and content creation, could be replaced by AI systems in the future. This means that some workers may need to reskill and transition into new roles to stay relevant in the job market.

Furthermore, generative AI has the potential to create new jobs that did not exist before. For example, it could lead to the creation of new job roles that involve working with and managing AI systems. However, it is unclear whether these new jobs will be enough to offset the job losses that may occur due to automation.

Overall, the impact of generative AI on labor and employment is complex and multifaceted. While it can bring about positive changes, it also poses challenges for workers and businesses.

Now here’s the twist, notes Littler: “This description of generative AI and its potential impact on the workplace and employment generally was written by ChatGPT, the artificial general intelligence platform that has generated more excitement, promise, trepidation, and fear for the future of humanity, than any technological innovation since the invention of the lightbulb, the Internet, or the iPhone.”

Intrigued? Curious? Worried? Excited? Terrified? None of the above? All of the above? Here’s a list of the nine sections in the report, each filled with copious data, footnotes, commentary, and more.

I. Introduction

II. Generative AI & Potential Bias

III. Generative AI & Workforce Transformation

IV. Generative AI & HR Management of the Employment Lifecycle

V. Generative AI & Data Privacy

VI. Generative AI & Intellectual Property

VII. Generative AI & Accuracy Concerns

VIII. Generative AI & Risk Management

IX. Proactive Approaches to Addressing Generative AI in the Workplace

One more excerpt before we go:

AI tools – primarily predictive AI tools – are already being used across the hiring and employment lifecycle. As discuss in Section IV, employers are already using traditional AI tools to screen resumes at a massive scale to help identify whom to interview; to conduct video interviews and other candidate assessments that analyze facial expressions, tone of voice, and nonverbal cues in addition to substantive responses, to evaluate a candidate’s skills, experience, or “fit”; to automate onboarding processes and other employee self-help protocols; to track and measure employees’ performance, skills, and areas of improvement; and to determine employees’ internal growth paths, compensation, and predicted success on the job.

As discussed throughout this report, the addition of generative AI tools and technology will supercharge and expand these existing uses.

Download the free report here.