Artificial

Intelligence
(AI) In The
Workplace
 Keith Eastland
 Mary Tabin

The materials and information

have been prepared for
informational purposes only. This
is not legal advice, nor intended to
create or constitute a lawyer-client
relationship. Before acting on the
basis of any information or
material, readers who have
specific questions or problems
should consult their lawyer.
2

© 2023 Miller Johnson. All rights

reserved. 1
Timelineof Artificial Intelligence
 1954 — The term “AI” first used
 1964 — First Chatbot, ELIZA
 1997 — Deep Blue beats chess champ Garry Kasparov
 1998 — The birth of Kismet, a robot equipped with emotions
 2002 — Roomba robot vacuum cleaner
 2010 — Siri debuts on iPhone
 2014 — Amazon’s Alexa debuts
 2016 — Sophia the Robot becomes first robot to receive citizenship
 2020 — GPT3 is introduced
 2022 — AI and the workforce

AI Statistics/ Facts
 A recent study conducted a random sample
survey from HR professionals. HR currently
utilizes AI in the following areas:

79% 41% 38%

Recruitment & Learning & Performance
Hiring Development Management

18% 8% 4%
Productivity Succession Promotion 4
Monitoring Planning Decisions

© 2023 Miller Johnson. All rights

reserved. 2
 AI
Statistics/ F
 The reasons why organizations use automation
and or AI to support recruitment or hiring tasks:
acts
It saves time it improves their
and/or increases
their efficiency
85% ability to identify top
candidates
44%
It improves their
ability to reduce
30% It improves their
ability to identify
potential bias in
hiring decisions 18% more diverse
candidates

A1
A
A
7
A
8
9
Today’s
Topics
What is Artificial Intelligence
(AI)?

Types of AI

Functions and Potential Uses

of AI Risks of using AI

Regulation

Generative 6

AI

Action © 2023 Miller Johnson. All rights

reserved. 3
Steps and
Slide 6

A1 Need Amy Magic

Author, 9/15/2023

A7 Add throughout presenation section slides

Author, 9/15/2023

A8 Please make this cooler and insert TOC slides in front of

every topic
Author, 9/18/2023

A9 We also need to add Regulations and Generative AI (two

seperate headings) after functions of AI but before
General risks of using AI Author, 9/20/2023
 What Is AI?

What is AI?
 AI involves creating intelligent machines for
tasks that generally needed human
intelligence.

 AI systems learn from data, identify

patterns, predict, decide, and generate
ideas.

 AI mimics human intelligence by processing

information and making informed choices.

8
The NAIIA of 2020 defines it as: “a
machine-based system that can, for a
given set of human-defined objectives,
make predictions, recommendations, or
decisions, influencing real or virtual
environments.”
9

Types of AI

10
A2
A3

Types of AI: Examples

of Common Terms
Algorithm Generative AI

Chatbots Machine Learning

Natural
Voice Generation
Language
Processing
(NLP)
Computer Vision Deep Fakes

11

Functions & Potential

Uses of AI

12
Slide 11

A2 Do we dive into these? Make Deep Fakes

end
Author, 9/15/2023

A3 Break out each item into a short 30

second slide
Author, 9/15/2023
A
5

Potential
Uses of AI  Training and Education

 Recruitment
 Compliance  Termination Guidance

 Diversity and Inclusion  Virtual Assistants

 Policy Enforcement  Communications

13

Risks of Using AI

14
Slide 13

A5 Break into separate

slides
Author, 9/15/2023
 Risks of
Using Employee
 Confidentiality/Data AI
Privacy Resistance
 Legal  Lack of Transparency
Risks
 Ethical  Bias
Dilemmas Amplification
 Loss of Human  Regulatory
Interaction Compliance

15

Confidentiality | Data Privacy

16
Lack of
Transparenc
"AI transparency is about clearly
explaining
y the reasoning behind the
output, making the decision- making
process accessible and comprehensible
At the end of the day, it's about eliminating
the black box mystery of AI and providing
insight into the how and why of AI decision-
making."

Adnan Masood, chief AI architect

at UST, a digital 17
transformation consultancy

Bias Amplification--AI in
Hiring/Recruiting
 As a tool in the applicant screening process
 Reviewing resumes
 Evaluating candidates
 Screening interviews
 Selection of candidates
 Pros: efficiency, affordability, better results,
eliminate human error/bias
 Cons: algorithmic bias, overlooked
candidates, legal/compliance risks
18
• Adverse Impact in Software Algorithms, and AI in Employment Selection Procedures
• EEOC Guidelines on “selection procedures” apply
• Employer liability “even if the test was developed by an outside vendor”

• The Americans With Disabilities Act and the Use of Software,

Algorithms, and AI to Assess Job Applicants and Employees
• Reasonable accommodations for applicants to be rated fairly and
accurately
• Unlawful “screen outs” of individuals with disabilities (e.g.
chatbots and video interviewing)
• Disability related inquiries or medical examinations

19

20
AI Regulations (or
lack thereof)

21

Federal AI Regulations and

Initiatives
 No federal statutes
specifically addressing AI
yet
 Application of existing
federal law
 Agency guidance and
rules
 White House:
 Oct. 2022 - “Blueprint for an AI Bill of
Rights”
 July 2023 – “Voluntary Commitments from
22
Leading Artificial Intelligence Companies to
Manage the Risks Posed by AI”
 Executive Order to be developed

 Draft Legislation: The

American Data Privacy and
Protection Act
 23

State and Local

Regulation
Some states and local governments have
adopted laws to protect consumer rights,
privacy, and data when businesses use
automated decision-making tools or technology
(e.g., CA, CT, CO, IN, ME, MT, Dist. of Columbia)
 Two states, IL and MD, as well as New York City
have adopted laws restricting AI tool use in
employment or hiring (many others have pending
bills)
 Must inform applicants of use
 Must secure consent
 Must conduct bias audit and publish results (NYC)

24
 Generative AI
Examples

25

How ChatGPT Works

Generate Candidates’
Questions

26
ChatGPT’s
Common Questions
Candidates
1.What Have
is the job title and
the role?
a brief description of

2.What are the key responsibilities and tasks

associated with this position?
3.What qualifications or skills are required for
this role?
4.What is the location of the job, and is remote
work an option?
5.Is this a full-time or part-time position?
6.What is the salary or compensation package
for this role?
7.Are there any additional benefits, such as
health insurance, retirement plans, or 27

stock options?
8.What is the company's culture and
values?

ChatGPT’s
Common Questions
Candidates Have
9. Can you provide information about the team I
would be working with?
10.What are the company's goals and mission?
11.Is there room for growth and advancement
in this position?
12.What is the typical career path for someone
in this role?
13.How does the company support employee
learning and development?
14.Are there any specific certifications or training
required for this position? 28
15.What is the expected work schedule,
including hours and any potential overtime or
weekend work?
ChatGPT’s
Common Questions
Candidates
16.Is Have
there flexibility in the
remote work options?
work hours or

17.What is the interview process like, and

how many rounds of interviews should I
expect?
18.What should I include in my application,
such as a resume, cover letter, or portfolio?
19.What is the timeline for the hiring process,
and when can I expect to hear back about my
application?
20.Who should I address my application to or
contact if I have questions?
21.What is the dress code for interviews 29

or the workplace?

ChatGPT’s
Common Questions
Candidates Have
22.Can you provide any information about the
company's diversity and inclusion initiatives?
23.Are there any specific technical
requirements or software tools I need to be
familiar with for this role?
24.What are the company's expectations
regarding confidentiality and non-
disclosure agreements?
25.Is there an opportunity to meet potential
colleagues or tour the workplace before
accepting an offer?
30
Follow-Up Questions

31

ChatGPT’s Remote Work Top 12

Questions
1.Is this a fully remote position, or is it a
hybrid arrangement with some in-office
requirements?
2.What are the core responsibilities and
deliverables for this remote role?
3.What technical requirements and
equipment are necessary for remote
work in this position?
4.Is there a specific time zone requirement or
flexibility in work hours for remote employees?
5.How does the company ensure effective 32
communication and collaboration among
remote team members?
6.What remote work tools and software
does the company use for project
management and communication?
ChatGPT’s Remote Work
Top
7. What 12
is theQuestions
company's policy on remote
work expenses, such as internet and home
office setup?
8. Are there regular virtual meetings or
check-ins, and how are they structured?
9.What cybersecurity measures and data
protection policies are in place for remote
employees?
10.How is remote employee performance
measured and evaluated?
11.What support and resources are available to
remote employees for professional
development and growth? 33

12.Can you provide insights into the company's

remote work culture and employee
engagement initiatives?

ChatGPT: How to Coach an

Employee

34
How to
Coach
Step Jeff and
1: Self-Assessment
Preparation
 Understand the Specific Challenges
 Performance History
 Gather Relevant Data
 Clarify Your Expectations

Step 2: Schedule a Private

Meeting Step 3:

Communicate with Empathy

Manager: "Jeff, I appreciate your hard
work and dedication to the 35

company over the past six years. I've noticed that

you've been facing some challenges in your new role,
and I want to understand how I can support you better.
Can we talk about what you've been experiencing?"

How to Coach Jeff

Step 4: Active Listening
 Jeff: "I've been struggling with the new
responsibilities in my role. It feels like I'm taking
longer to learn than others, and I'm worried about
not meeting expectations."
 Manager: "Thank you for sharing that, Jeff. I
appreciate your honesty. Can you help me
understand what specific tasks or areas have
been the most challenging for you?"

36
How to
Coach
Step Jeff
5: Identify Root Causes
Step 6: Set Clear Goals and
Expectations Step 7: Create an
Action Plan
Step 8: Provide Ongoing
Support Step 9: Monitor
Progress and Adjust Step 10:
Document Conversations

37

ChatGPT: New Hire Survey

38
New Hire
Survey
Week 1:
1. Did you receive a warm welcome from
your team and colleagues?
2. Were the necessary tools and
equipment provided for your role?
3. Did you receive clear guidance on
your job responsibilities and
expectations?
4. Were you introduced to key team
members and
stakeholders?
5. On a scale of 1 to 10, how prepared did
you feel for your first week?
39

New Hire Survey Week 4

1.Have you had regular check-ins with your
manager to discuss your progress and
address any concerns?
2.Do you feel you have a good understanding of
the company culture and values?
3.Have you been provided with opportunities for
training and skill development?
4.How would you rate the level of support
you've received from your team and
colleagues?
5.Are there any specific challenges or areas where
you feel you need more guidance?
40
New Hire
Survey
1.Have Week
you had 8 to provide
opportunities
feedback on your onboarding experience and
suggest improvements?
2.Do you feel integrated into the team and company
culture at this point?
3.How well have your initial job expectations
matched your actual role and responsibilities?
4.Are there any additional resources or training
you believe would benefit your performance?
5.On a scale of 1 to 10, how satisfied are you
with your onboarding experience so far?

Also has questions for 90 days, 6 months and 41

12 months

ChatGPT: Accommodating Pregnant

Workers

42
AI Misses The Latest News

43

ChatGPTUsed Against Your

Company

44
 How to Sue
Your Employer
Document Everything
 Review Company Policies
 Address Concerns Internally
 Consult an Attorney
 File a Complaint
 Preserve Evidence
 Consult Your Attorney (again!)
 Consider Mediation
 Evaluate Your Options
 Protect Your Rights During the 45

Process

Action Steps and Best

Practices

46
A
6

Best Practices for Using AI

 Set General Strategy  Human Oversight
 Identify Stakeholders  Regular Audits
 Guidelines for AI Use  Employee Training
 Acceptable Use Policy  Transparency
 Data Privacy / Security

47

Develop an
Acceptable Use
 AI as tool to support your team
members, not as a replacement for
Policy
human judgment, expertise and
oversight
 Establish committee
 Purpose / Define “AI”
 Scope of Permitted / Prohibited AI
 List of approved AI and process for
approval
 Expectations and Requirements
 Educate leaders, managers and
employees 48

 Continuous improvement process and

updates
Slide 47

A6 Animate the items

here
Author, 9/15/2023
How to Develop an
AI Acceptable Use
Policy

49

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