---
title: "Draft an employee policy on acceptable use of AI tools"
url: "https://ailawframework.com/practice/employment-and-workplace-relations/draft-an-employee-ai-acceptable-use-policy/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A14-B8-1-US"
practice_area: "Employment & Workplace Relations (incl. WHS)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Draft an employee policy on acceptable use of AI tools

> 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.

Canonical page: https://ailawframework.com/practice/employment-and-workplace-relations/draft-an-employee-ai-acceptable-use-policy/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Employment & Workplace Relations (incl. WHS)](https://ailawframework.com/practice/employment-and-workplace-relations.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Draft an employee AI acceptable-use policy](https://ailawframework.com/practice/employment-and-workplace-relations/draft-an-employee-ai-acceptable-use-policy.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The explainer is about discrimination statutes. It is not a template for a workplace policy.
- State rules on automated employment decisions differ. Open the one that applies before the policy is issued.

## Sources

- [EEOC, What is the EEOC's role in AI? (29 April 2024)](https://www.eeoc.gov/sites/default/files/2024-04/20240429_What%20is%20the%20EEOCs%20role%20in%20AI.pdf) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)
- [ABA Model Rule 1.6, Confidentiality of Information](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*