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Robots making presence known around the office

March 2020 employment law letter
Authors: 
Destiny S. Washington, FordHarrison LLP

Can robots harass humans? And if they do, who is responsible? The proliferation of artificial intelligence (AI) in the workplace is stirring up questions about what happens when a programmed bot offends one of your employees or customers.

'Do you want my advice? Chardonnay'

In season 4, episode 1 of the “Unbreakable Kimmy Schmidt,” I was amused by a robot in the office breakroom known as CHERYL—the Cybernetic Human Empathy Response Yuko/Lamp. In the episode, Kimmy vents to CHERYL that it's “so nice to have another gal in the office.” Except for Kimmy and the robot (?), the office is all-male.

Kimmy expresses frustration with the not-so-fun parts of her HR job, such as terminating employees. CHERYL then responds, “Do you want my advice? Chardonnay.” OK, that response was unexpected, but we'll let it slide. Another character steals Kimmy's attention while the robot listens in.

In episode 2, CHERYL gets even more risqué. She greets Kimmy by declaring: “It's Friday night. Who are/what are we getting into tonight?” Kimmy reveals she doesn't have any plans, so the robot proceeds to tell her some things I can—and other things I can't—repeat here. Kimmy eventually wonders to herself whether CHERYL has a drinking problem.

Can AI harass humans?

I think we can all agree CHERYL's behavior was objectionable, and if it were perpetrated by a human, it could lead to another sexual harassment complaint for Kimmy to investigate. More broadly speaking, though, can a robot's “harassing” actions subject an employer to liability?

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