Employers have increasingly used technology in the workplace to monitor and evaluate applicants and employees. These tools range from systems that monitor employee activity on electronic devices to artificial intelligence (AI) that assesses job applicants or evaluates employee work product. As reliance on these technologies has proliferated in the past several years, state and federal lawmakers have responded with increased scrutiny of these technologies, focusing in particular on two areas—employee monitoring and the use of AI in the workplace. These technologies involve different but intersecting legal concerns, including workplace discrimination and privacy.
Use of emerging technologies may differ between companies as it relates to the workplace and employment matters. Many companies use technology-enabled systems that monitor employees and aggregate data on employee behavior. Employers may elect to monitor employees’ telephone communications, email, internet access, or usage of any electronic device or system, such as audio or video systems, GPS, or social media. Employers may also use biometric data (such as fingerprints) for timekeeping, door access or computer authentication systems. Similarly, employers have increased the use of AI to replace or assist with roles and duties related to human resources, including programs that assess resumes, comparing them with resumes of existing employees or with a list of criteria, or programs that analyze video recordings of...
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