Draft an employee policy on acceptable use of AI tools
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Draft the policy from the employer's instructions on which tools staff may use and which work information may be put into them, with a square-bracket gap for any instruction the employer has not given.
- What the lawyer must review
- Check every sentence before the policy is issued. The EEOC's 29 April 2024 explainer says the federal employment-discrimination statutes apply to AI in recruiting, screening, hiring, monitoring, pay, promotion and firing, whether the discrimination is intentional or a neutral practice with an unjustifiable disparate impact. A workplace policy does not decide that question. Open the statute for any protected characteristic the tool will touch, and any state automated-decision law that applies to this employer. Formal Opinion 512: you remain responsible for the text. Model Rule 1.6: do not put the employer's materials into a public tool.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.