Workplace Investigations in an AI Employment World: Tips for Investigators
In today’s rapidly evolving business landscape, artificial intelligence (AI) is playing an increasingly prominent role in employment. From AI-driven recruitment processes to predictive analytics for employee performance, technology has transformed the workplace. However, with these innovations come new challenges for workplace investigators. Conducting thorough and effective investigations in an AI-driven employment world requires a unique set of skills and considerations. In this blog, we’ll explore the essential tips for investigators to navigate the complexities of workplace investigations in the age of AI.
Stay Informed About AI Technologies
The first step for any workplace investigator is to stay informed about AI technologies and their applications in the workplace. This involves understanding how AI is used for recruitment, employee monitoring, and decision-making processes. Familiarize yourself with the AI tools and systems your organization uses as well as the legal and ethical considerations associated with them. This knowledge will help you ask the right questions during interviews and gather evidence effectively.
If AI was involved in the matter to be investigated, consider:
Explainability - Ask how the AI arrived at its outputs or decisions. Many advanced AI systems are "black boxes", making it difficult to understand the reasoning behind their results. As an investigator, you'll need to dig into the inputs, training data, and algorithms as much as possible to shed light.
Consider requesting documentation on the AI system's development, testing, and validation to assess its overall quality and suitability for the task.
Determine if the company can explain in plain language how the AI arrives at particular decisions or recommendations relevant to your investigation.
Bias - Review if safeguards were in place to prevent discrimination. AI systems can easily perpetuate and amplify existing biases if their training data is not representative or the algorithms are flawed. Document any indicators of bias. Some jurisdictions may have required an automated employment decision tool has undergo an impact assessment or bias audit which may be crucial for the investigation.
Ask to inspect the training data used with the AI to check for bias, lack of diversity, or outdated assumptions baked into the system.
Accuracy - Assess claims around the AI's accuracy, which may require independent expert analysis. Just because outputs come from an AI does not mean they are inherently truthful or objective.
Learn how employees could appeal AI-informed decisions that impacted them and whether appropriate remediation was available.
Uncover how much transparency the company provides to employees on when and how AI is used to make employment-related decisions.
Human role - Uncover details on how humans interacted with the AI. Were the outputs reviewed by people before actions were taken? How were conflicts between AI and human judgment resolved?
Evaluate whether employees were given clear instructions and training on using the AI responsibly as part of their job duties.
Find out if the company sets limits or requirements on when human oversight of the AI is mandatory before taking employment actions.
Compliance - Check if the AI solutions meet ethical codes and regulatory requirements, including having explainability for high-stakes decisions - as aspects that may be required by legislation, depending on the jurisdiction.
Verify alignment with any regulations covering AI usage for the specific functional area related to your case.
By surfacing these issues in your investigation, you can provide a balanced perspective on where the AI succeeded or fell short to determine appropriate next steps.
Note that some jurisdictions may have legislation in place that requires some element or combined elements of the below.
Other General Considerations:
Adapt to AI-driven data Sources
AI generates vast amounts of data that can be invaluable in workplace investigations. Investigators should be comfortable working with AI-generated data, whether it’s data from employee monitoring systems, email communication analysis, or performance metrics. Being able to extract and interpret this data is crucial for uncovering relevant information in your investigations.
Preserve Digital Evidence
In AI-driven workplaces, much of the evidence you need for an investigation will be in digital form. Make sure you understand how to properly preserve and collect this evidence. This includes securing access to AI systems, ensuring data integrity, and following best practices for data protection and privacy compliance.
Interviewing AI Witnesses
In an AI employment world, you may need to interview AI systems themselves, as they may be part of the decision-making process. Be prepared to gather information from AI experts who can help you understand the AI system itself, including how its algorithms work, its operations, limitations, and decision-making criteria.
Combine Human and AI Expertise
In complex AI-related investigations, it can be valuable to collaborate with AI experts and data scientists. Their knowledge can help you understand how AI systems work and provide insights that you may miss as a non-technical investigator.
Document Your Findings Thoroughly
Just as in traditional workplace investigations, documentation is essential. Keep detailed records of your investigation process, findings, and conclusions. Ensure that your final report is comprehensive and clearly outlines the steps you’ve taken to investigate the matter.
In conclusion, workplace investigations in an AI employment world require adaptability, a deep understanding of AI technologies, and a commitment to fairness and transparency. By staying informed about AI, collaborating with experts, and following the tips mentioned above, investigators can effectively navigate the challenges of the modern workplace. As AI continues to reshape employment, those responsible for investigating workplace issues must evolve and equip themselves with the necessary skills to uphold fairness, justice, and ethics in the workplace.
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