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AI in the workplace: Crafting policies for employees’ use of generative AI

May 2024 employment law letter
Authors: 

Dana Dobbins, Holland & Hart, LLP

Artificial intelligence (AI) is becoming increasingly prevalent in workplaces, providing new opportunities and new challenges for employers and employees. While AI has the potential to improve efficiency and productivity, its use also raises important questions around issues like privacy, discrimination, and job displacement. Employers that choose to implement AI should consider including a provision in their employee handbook, or a separate policy, specifically addressing its use. Such a provision or policy can help mitigate risks, provide clarity for employees, and demonstrate a commitment to using AI ethically and responsibly.

Develop AI policies

If you choose to incorporate AI into your workforce, you should develop AI policies, regularly update them as laws and technology change, and enforce them. Consider the following provisions in your AI use policies.

Specify which employees may use AI, and require prior approval. You may be willing to let some teams or groups use generative AI technology but not others, especially while you’re still examining how AI can be incorporated into your company or industry. Your AI policy should specify which departments, if any, are permitted to use AI.

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