AI in the Hiring Process – Legislative Changes and Risks for Employers to Consider

Proposed new job posting requirements regarding AI disclosure

The Ontario government recently introduced Bill 149 – Working for Workers Four Act, 2023 which includes planned amendments to the rules regarding job postings in the Employment Standards Act. The planned amendments include a requirement that employers disclose the use of artificial intelligence (“AI”) in the hiring process. The specific language proposed for this amendment in Bill 149 is as follows:

AI in the Hiring Process - Legislative Changes and Risks for Employers to Consider

Every employer who advertises a publicly advertised job posting and who uses artificial intelligence to screen, assess or select applicants for the position shall include in the posting a statement disclosing the use of the artificial intelligence. Regardless of whether or not the bill is passed, the suggested amendment is noteworthy simply for the fact that it’s early (at least in the employment law sphere) Canadian legislation regarding AI.  It represents an acknowledgement of the potential risks for employees and employers that will need to continue to be assessed, and it has been prepared in line with the province’s stated priorities from its Trustworthy Artificial Intelligence (AI) Framework (the “Framework”).

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Does Your Workplace Need an AI Policy?

AI Policy for BusinessesIn the digital era, artificial intelligence (AI) is becoming increasingly intertwined with our daily lives, especially in the ways we do our work. From voice assistants to chatbots to art generators, AI has found its way into various industries, transforming the way work gets done. As AI continues to advance, it raises important questions about its ethical implications and potential impact – good and bad – on the workplace.  The bad should not be ignored.  How much damage might be done to your organization if AI was not used responsibly by an employee?

I’m sure many in the legal industry are familiar with the recent news stories about the New York lawyer who relied on ChatGPT to assist with his research and drafting.  The chatbot provided the lawyer with case law precedents that simply did not exist.  The AI system entirely fabricated the cases.  The lawyer did not verify this information and attempted to rely on these cases in court to a disastrous and embarrassing result.

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ChatGPT and AI Disruption of the Law

ChatGPT and AI Disruption of the LawThe sensationalism surrounding ChatGPT that has developed since its launch on November 30, 2022, has been fascinating to observe.  For the uninitiated, ChatGPT is an artificial intelligence (“AI”) chatbot that provides detailed responses based on conversational prompts from the user.  It will compose pretty much anything you ask it to – whether it be an e-mail or an essay – and it will do so in a matter of seconds.  

ChatGPT quickly made headlines following its debut as students started using it to do their homework assignments and journalists responded with shock as they tested its ability to write news articles for them.  The sentiment from some vocal sources was negative and painted a dire picture regarding the impact ChatGPT could have in education and various industries – including legal services.  

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New Electronic Monitoring Policy: The What, How and Why for Employers

New Electronic Monitoring Policy: The What, How and Why for EmployersOntario has taken the lead in terms of enhancing employer transparency in the workplace and ensuring that workers are able to disconnect from their work. Now that employers with 25 or more employees (as of January 1, 2022) must have a Disconnect From Work Policy, it’s time for employers to calendar more Covid-driven workplace requirements. This same employer group must have an Electronic Monitoring Policy prepared by October 11, 2022, and rolled out within 30 days, by November 10, 2022. These are both policies that employees are actually reading, so it’s worth the advance planning by employers. 

Bill 88, the Working for Workers Act 2022 became law in April and requires employers to be transparent about how they monitor their employees’ use of devices such as computers, cell phones and GPSs. 

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Working for Workers Act 2 Passes in the Ontario Legislature: What Employers Who Aren’t Uber Need to Know to Comply

In March, we blogged about Bill 88 or the Working for Workers Act (part 2) (the Act). You can read that post here. On April 11, 2022, the Act received Royal Assent, making it now law. Most significant to employers, who are not Uber etc., are the changes to the Employment Standards Act, 2000  (ESA) and the Occupational Health and Safety Act (OHSA). The Act has attracted the most attention for the creation of the Digital Platform Workers’ Rights Act, 2022, which will have big implications for digital platform workers and “employers” like Uber and Skip the Dishes, however, the Act impacts non-digital platform employers too. 

Here’s the rundown of what’s new in the ESA and the OHSA.

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Can Employees Record Work Meetings?

With the rise of remote working in the past couple of years, virtual work meetings, whether over video or phone call, have become a common occurrence. With that comes the issue of recording work calls. In this post, we address the possible risks involved when an employee records work meetings, either surreptitiously or with consent. 

Can an employee legally record a work call?

It is technically legal in Canada for an employee to record a conversation they are a part of, and the employee does not attract criminal liability if they do so surreptitiously, as long as they were a part of the call. However, Courts across Canada have found that surreptitious recording can justify termination for cause. 

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