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Category Archives: Confidential Information

AI In The Next Cubicle? What You Can Do About Your Robot Coworker

Like it or not, AI is already in your workplace. Chatbots handle customer inquiries, algorithms analyze big data. It’s in the background of everything from manufacturing to high finance. What’s a worker to do? Here are some issues that you might already be facing, and some action steps to consider.

Issue 1:  Job Displacement and Automation

AI is causing significant job loss, especially in routine and manual jobs. The best way to fight this is through collective action – Unions have been through this before. If you’re concerned:

If you are not in a Union: Join up! Unionize! Organize! Learn about solidarity and use it to strengthen your mutual bond with your coworkers. Get in there and fight like hell for recognition!

If you are in a Union:
  1. Collectively demand the employer identify new and emerging job roles that displaced workers can move into. For example, roles related to AI management, human-AI collaboration, and digital strategy may become increasingly important.

  2. Collectively demand the employer provide courses or workshops that focus on industry trends and emerging technologies that could impact your job. Demand the employer provide training, or help pay for new certifications or degrees.

  3. Advocate for policies that prioritize workforce sustainability and fair labor practices in the deployment of AI technologies.

Issue 2:  Surveillance and Privacy Concerns

Employers use AI to monitor employee activities. While workplace privacy protections have never been particularly robust, AI’s ability to snoop surpasses even that of Whatshisface in Accounting. If you’re concerned:

  1. Familiarize yourself with your employer’s policies on surveillance and data privacy.

  2. Don’t share personal information in workplace communications or on company devices. Avoid discussing personal matters that do not pertain to work.

  3. Use secure and encrypted communication platforms for any personal conversations. Avoid using company email or chat systems for personal matters.

  4. When possible, avoid using personal devices for work purposes. If you must use a personal device, be aware that some companies monitor usage – even on your personal phone.

  5. Talk to a lawyer! Familiarize yourself with local laws regarding workplace surveillance and data privacy. Many jurisdictions have regulations that limit the extent of employer surveillance.

If you’re in a Union:
  1. Discuss concerns regarding surveillance with coworkers. Raise awareness about privacy issues.

  2. Collectively demand information on how AI tools and surveillance technologies are being used in the workplace (e.g., cameras, tracking software). Support collective bargaining for better privacy provisions in workplace contracts.

  3. Collectively demand training on privacy settings available on the employer’s platforms and applications. Configure these settings to enhance your privacy where possible. Demand training on privacy, data security, and responsible use of AI, particularly how to protect your data.

Issue 3: Bias and Discrimination

AI systems perpetuate biases present in training data. This can result in discriminatory hiring practices, performance evaluations, or disciplinary actions, which violate anti-discrimination laws. The lack of transparency around AI decision-making processes makes it even harder to prove discrimination. If you’re concerned:

  1. Know your rights! Familiarize yourself with labor laws and regulations that protect against workplace discrimination. To be able to fight discrimination, you need to be able to identify what it is and what it is not, with or without an AI component.

  2. Keep detailed records of all discriminatory behavior or decisions. This is a good idea even if the conduct is not the product of AI.

  3. Talk to a lawyer! If you face discrimination, consult an attorney who specializes in labor law and discrimination cases in your jurisdiction. They can guide you on how to proceed with complaints and claims.

If you are in a Union:
  1. Collaborate with coworkers to address concerns regarding AI discrimination collectively.

  2. Push for transparency in the AI systems used by employers. Request information on how decisions are made and the data used to train algorithms.

  3. If you suspect that an AI system is biased, advocate for review and adjustment.

Issue 3: Impossible Algorithms

AI and management have a tendency to make equally lousy decisions about workload, performance assessments, and promotions. Not only do these decisions lead to burn-out, they can undermine worker safety. If you’re concerned:

  1. Keep detailed records of how AI influences your work, including the criteria used for performance assessments and any implications on workload, including safety. This documentation can serve as evidence in case of disputes or grievances.

  2. Talk to a lawyer! Particularly if the algorithm appears to have a discriminatory bias and/or results in unsafe working conditions, speak with an attorney who specializes in workplace law in your jurisdiction.

  3. Familiarize yourself with your state’s labor laws and regulations. Don’t just look at anti-discrimination and wage and hour laws; specific industries may have regulatory requirements on safe hours of work and workloads. If you’re not sure, talk to a lawyer.

  4. If your lawyer thinks it’s a good idea, report the issues to relevant authorities, such as labor boards, health and safety agencies, or civil rights organizations, to seek investigation and resolution.

  5. Monitor developments in laws and regulations surrounding AI and labor rights. If you’re not sure, talk to a lawyer.

If you’re in a Union:
  1. Collectively demand clear explanations about the AI systems in use, including how they operate, what data is being collected, and the algorithms applied. Understanding these elements can help ensure that processes are perceived as fair and justifiable.

  2. Collectively advocate for development of clear organizational policies regarding AI use. These policies should address transparency, ethical considerations, safety, and the potential impacts on employment practices, including hiring and promotions.

  3. Engage in regular labor-management discussions about the use of AI tools in decision-making processes. Express your concerns about how these technologies affect safety, workloads, and evaluations. Back up those concerns with your documentation.

A final thought:

Any tool that management uses, workers can use too. Make no mistake, AI is being used to undermine workers’ rights. But workers aren’t powerless. Whether you’re a lone brave voice or working in solidarity with your Union family, you have some options. You may even be able to leverage AI to help protect your rights. (Make it analyze your paystubs and identify discrepancies! Use it to detect systemic discrimination! Get it to gather social media commentary on issues that your coworkers are fed up with, and then organize them to fight those issues!) And talk to a lawyer when you run into something that requires action.

 

Understanding the Legal Implications of Medical Information in the Workplace

The right to privacy in the workplace is pretty confusing, especially concerning medical information. Understanding the legal landscape surrounding medical information disclosure is key to protecting your confidential information.

What Is Medical Information?

Medical information refers to any data regarding an individual’s health status, medical history, and treatment received. This can include information such as current medications, work limitations, previous illnesses, disabilities, and other health-related details.

Employee Rights Under the Law

In the United States, various laws protect employee medical information, including:

The Americans with Disabilities Act (ADA): The ADA prohibits discrimination against individuals with disabilities and mandates that any medical information obtained must be kept confidential. However, this applies mainly after an employer has requested information for specific purposes.

The Family and Medical Leave Act (FMLA): The FMLA allows eligible employees to take leave for certain family and medical reasons while ensuring that all medical information is kept confidential.

Where’s HIPAA, you say? HIPAA only applies to your medical providers, so unless your employer is also your medical provider, you’re not dealing with HIPAA rights in the workplace.

State and Local Laws: There may be laws specific to your jurisdiction that affect an employer’s obligation to keep your information confidential. Always talk to a lawyer if you aren’t sure.

The ADA and FMLA supposedly protect your medical information. But that protection only kicks in when an employer requests information for employment decisions or benefits—not when you offer the information unasked.

When Is Medical Information Not Considered Confidential?

1. Voluntary Disclosure

When you voluntarily disclose medical information to your employer without a request, it can lose its confidentiality status. This is particularly relevant when the disclosure occurs outside of a specific request linked to workplace accommodations or health assessments. Employers may feel free to discuss this information with necessary personnel, believing they have your consent.

2. Workplace Policies and Management Needs

Employers often develop policies guiding how medical information is handled. If workplace policies encourage open communication about health issues or require self-disclosure (e.g., for wellness programs), the expectation of confidentiality can diminish.

3. Need-To-Know

If a worker requests medical leave or an accommodation, the medical information the employer gathers pursuant to that request is supposed to be confidential – but the employer is allowed to disclose the information to supervisors and managers who might be involved in determining the appropriate accommodation or leave. So don’t expect HR to keep your medical information confidential from your supervisor.

What Should You Do?

1. Be Informed

Understand your rights concerning medical information. Read your company’s policy documents regarding health disclosures and privacy. Call a workplace attorney when you’re concerned about disclosing information to your employer. Knowing what is required of you can help you make informed decisions about what medical information to share.

2. Disclose Selectively

Only provide medical information when necessary. If you’re unsure whether to disclose certain health details, call a workplace lawyer in your jurisdiction.

3. Ask Questions

If you are required to provide medical information, ask how it will be used and who will have access to it. Call a workplace lawyer if it seems like the request is overbroad or subject to improper disclosure.

4. Seek Legal Counsel

If you’re concerned about how your medical information is handled, consult with a legal professional specializing in employment law. They can help clarify your rights and suggest ways to protect your information.

Conclusion

Understanding the legal nuances surrounding voluntarily provided medical information is crucial for protecting your privacy and rights as an employee. While laws like the ADA provide a layer of confidentiality, voluntary disclosures can complicate matters. Always talk to a lawyer if you’re concerned about the effect of your medical disclosures.

 

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