Panelists will explore the potential benefits and pitfalls of the use of artificial intelligence (“AI”) in the workplace from a human rights perspective, providing expert guidance on using AI in ways that promote equity and preserve privacy. Panelists will address questions such as:

• What federal and provincial laws currently regulate the use of AI? What other human rights and privacy laws or legal principles govern or restrict the use of AI at work?
• What key human rights and privacy concerns are raised by the use of AI by employers? In particular, what concerns are raised by the prospect of algorithmic management, defined as delegating to algorithms certain managerial tasks such as screening applications for employment, assessing employee performance, or even making decisions regarding the termination of employment?
• Are employers required to inform unions and employees about whether and how the employer is using AI in managing the workplace? Are employers required to secure employees’ consent before introducing AI technologies which may collect or use their personal information?
• What lessons can be learned from recent cases in which arbitrators and adjudicators have addressed privacy concerns relating to the use of other technologies in the workplace, such as biometric monitoring, audio and video surveillance, and GPS tracking?
• How might the introduction of AI into a workplace impact psychological safety and worker well-being? How can employers and unions ensure that the use of AI at work does not negatively impact employees’ mental health? What is “AI psychosis”, and are employers required to accommodate employees who claim to be experiencing this?
• If an employer uses an AI system that ultimately discriminates against employees or breaches employee privacy rights, can the employer be held liable for the system’s flaws? Can the employer be held liable when a flawed AI system is used by a third party engaged by the employer, such as a benefits administrator?
• How can employers and unions address the use of AI through collective bargaining and workplace policies to promote equity and protect privacy? What other best practices should the parties implement to safeguard employee rights? What guidance has been released by the government and human rights bodies to this effect?
• Finally, how can AI be applied in the workplace in a manner that reduces systemic discrimination and improves working conditions?