Does Your Company Need an AI Policy?
Artificial Intelligence (“AI”) is rapidly transforming workplaces in Canada. In a survey conducted in 2023 by KPMG, 22% of respondents indicated that they already use AI tools at work. Employers may benefit greatly from the increased productivity afforded by the use of this innovative technology, but with it comes some additional responsibilities. Employers should proactively create policies around AI use in order to take advantage of these tools while avoiding the risks and liability that come with them.
What Are Some Risks to Employers?
There is no doubt that workplaces are benefiting from the use of AI. AI tools can streamline processes, increase productivity, and save time. But some ethical concerns have been identified with the use of AI in the workplace, such as data privacy, intellectual property concerns, and algorithmic bias. In order to address algorithmic bias, Ontario recently announced amendments to the Employment Standards Act (the “ESA”) that will require employers to be transparent about using AI in their hiring processes.
Your company needs an AI policy if your workplace is using AI to create work outputs. It is essential to thoroughly edit these outputs to ensure accuracy. In a recent case before the Ontario Labour Relations Board (the “OLRB”), the Applicant used ChatGPT to assist in his submissions. Unfortunately, ChatGPT generated a list of cases that could not be located and may not have existed. The complaint was ultimately dismissed.
What Should Be Included in an AI Work Policy?
A work policy should clearly identify the types of AI tools authorized along with their specific permitted uses. It is also important to outline the risks of using AI to employees. Companies may want to include clauses related to obligations to report violations and self-disclosure where AI has assisted in creating a work product. The widespread use of AI is still relatively new and the law around AI continues to evolve. It is recommended that companies work regularly with experienced employment lawyers to create, update, and regularly review their company policies regarding the use of AI. Whitten & Lublin employment lawyers can help draft and review workplace policies. Contact us today online or by phone (416) 640-2667.
Author – Marilou Lopes
[1] Employment Standards Act, 2000, S.O. 2000 c. 41 s. 8.4(1).
[2] Michael Joseph Murphy v Ontario Public Service Employees Union/Syndicat Des Employés De La Fonction Publique De L’Ontario (“OPSEU”), 2023 OLRB 43759 at paras 12-17.