As of November, when ChatGPT became available for general use, employers have been asking questions regarding its use cases for more than two months. As part of this process, it is necessary to determine how the tool should be integrated into workplace policies and how compliance can be maintained.
Aspects of competence
Using artificial intelligence, ChatGPT is a language platform trained to respond automatically to human speech and interact with the user. The process by which AI is trained, such as ChatGPT. It is based on feeding large data sets to computer algorithms. Once a model has been developed, it is evaluated to see how well it can make predictions based on data that has not yet been observed.
In the next step, an AI tool will be tested to determine if it can cope with large amounts of new data that it has never been exposed to before it is turned into an in-house tool.
While Chat GPT can improve the efficiency of workplace processes and improve worker productivity as well, it also poses legal risks to employers who choose to use it.
When employees use ChatGPT to perform their job duties, certain issues can potentially arise for employers as a result of AI's ability to learn and train. When employees use a source like ChatGPT to receive information related to their work, they may be concerned about the accuracy and bias of the information they are receiving.
The Use of Artificial Intelligence and its Accuracy
ChatGPT's capability to create an AI language model based on information is only able to be as good as what information it acquires during its training process. As much as ChatGPT is trained to apply vast swaths of online information to a range of tasks, there are still gaps in its knowledge base.
As of the current version of ChatGPT, the only training available for the data sets through 2021 is for data sets. Also, the tool pulls data from the Internet, and the data can be inaccurate at times, so no guarantee can be made. As long as employees do not fact-check information they rely on in connection with their job and do not rely on ChatGPT for work-related information, then there can be problems and risks if employees do not watch out for where they send that information and how they use it.
To ensure that employees are protected from the misuse of the information in ChatGPT in the context of their work, employers should set policies that detail how employees must handle the information they receive.
The Existence of an Inherent Bias
It is also pertinent to note that AI is subject to inherent biases by nature. As it relates to the employment discrimination laws that the Equal Employment Opportunity Commission enforces, the Equal Employment Opportunity Commission is focused on this issue. Further, state and local legislators are proposing legislation that restricts the use of AI software by employers, and some of these laws have already been passed.
There is a direct link between what artificial intelligence (AI) says and what information it receives from the people who determine what types of information the AI receives and what the AI will provide. As a result, ChatGPT could demonstrate some of this bias when it responds to questions presented through "conversation" with it by providing different types of responses.
There is also the possibility that certain decisions made by ChatGPT may be construed as discriminatory if ChatGPT is consulted regarding employment decisions. There are also potential compliance issues if AI is used in employment decisions based on state and local laws in some states and municipalities. These laws require notice of the use of AI and/or audits when it is used. As a prerequisite for its use in certain employment contexts, this should be done first.
Employers should include a prohibition on the use of artificial intelligence in connection with making employment decisions. This is because AI has the risk of causing bias in the employment process. The legal department does not have the authority to approve this action.
Respecting Privacy and Confidentiality
Employers have to consider privacy concerns as well when it comes to using ChatGPT in the context of their work to be able to guarantee employee confidentiality.
Employees should be aware that there is a potential that they will be sharing proprietary, confidential, or trade secret information when they interact with ChatGPT through "conversations."
Even though ChatGPT claims it does not keep any information you give it during a conversation, it does process the conversation and incorporate what it's learned. As well, it is no secret that users send information to ChatGPT over the internet. Therefore, there can be no guarantee that any information sent over the internet will be secure.
In the case that an employee discloses confidential employer information to ChatGPT, that information could be impacted. As part of employee confidentiality policies and agreements, employers should make sure that employees are prohibited from referring to or entering confidential, proprietary, or trade secret information into artificial intelligence chatbots or language models, such as ChatGPT, embedded in their AI.
The theory that you would not necessarily be disclosing a trade secret if you gave the necessary information to an online chatbot can be made persuasive.
However, having been trained on a wide swath of online information, ChatGPT may provide employees with information through the tool that is trademarked, copyrighted, or a group's intellectual property. This may expose employers to legal risks as they may receive and use information that is protected by third-party rights.
Concerns of Employers, in General
The employer should also take into consideration how much time and resources they are willing to devote to allowing employees to use ChatGPT in the course of their work. This is in addition to legal concerns.
The use of ChatGPT by employers in their workplaces has reached a crossroads where employers are choosing whether to allow or restrict the use of this technology.
As an employer, you should weigh the potential cost and efficiency of implementing ChatGPT as an alternative to employees performing such tasks as creating simple reports, writing routine letters and emails, and creating presentations, for instance, against the possibility of losing opportunities for employees to learn and grow by doing those things themselves.
A redesigned and improved version of ChatGPT is scheduled to be released within the year, so ChatGPT will not be going away on its own. Employers will ultimately need to consider how to implement it. This is because a completely updated version upcoming shortly will be even better.
While ChatGPT presents employers with several risks, it can also be used to maximize its benefits. As of right now, the discussion has just begun. As with ChatGPT, employers will have to learn about this and test it out for a short while before they can make use of it.
