As artificial intelligence becomes more common in workplace decisions, it’s important for employees to understand their rights and recognize potential discrimination. Federal, state, and local laws protect workers from discrimination, even when employers claim they’re just following their AI’s algorithm.
How AI Affects Your Employment
Companies use AI tools in many ways throughout the work life of their employees.
During your job search, you may see different job ads online based on your profile. When you apply for jobs, AI programs might look through your resume for certain words. If you do video interviews, AI may watch your facial expressions and listen to how you speak. You might also talk to AI chatbots when applying.
At work, companies may use AI to watch how you do your job. These programs can time how long you take to finish tasks, track where you are using devices or apps, and study your expressions and voice. They might also read your emails, watch your typing, and review what customers say about you.
AI can also affect your career growth and job security. These programs help decide who gets training, raises, and promotions. They might even help choose who keeps their job during layoffs.
When employers use AI at work, they often expect workers to do more. This can lead workers to work extra hours without getting paid, just to keep up with these higher demands. Also, if you are paid a salary but AI has taken over many of your decisions at work, you might now qualify for overtime pay that you weren’t getting before.
Your Legal Protections
The anti-discrimination laws of the federal, state, and local governments may protect employees from an employer using AI to discriminate against employees based on their:
- Race, color, religion
- Sex, gender, gender identity and expression
- Pregnancy
- National origin
- Age
- Disability
The law protects your rights at work, even when your employer uses AI. You have the right to ask for changes at work if you need them because of a disability, your religion, or pregnancy – your employer must still work with you on these changes even if they use AI systems. You also have the right to be treated fairly when applying for jobs and to be judged equally for your work, without AI being used to discriminate against you. Your employer cannot use AI as an excuse to treat you differently from other workers.
Moreover, federal and state laws protect employees’ rights to their earned wages, overtime pay, and a minimum wage.
