AI In The Workplace: Emerging Legal Issues For Bermuda Employers

Artificial intelligence is rapidly becoming part of the modern workplace. It has moved quickly from being an experimental technology to an everyday business tool. Employers are already using AI to draft job advertisements, screen applications, assess candidates, analyse employee performance, monitor productivity and assist with disciplinary and termination decisions. For employers, the attraction is obvious. AI can process large quantities of information quickly, identify patterns and perform tasks that previously required significant human resources. But such widespread application of AI is also giving rise to legal risk as regulators and courts around the world consider what happens when an employment decision is made, or materially influenced, by an algorithm. It is a question that is likely to become increasingly relevant in Bermuda, as the law necessarily catches up with the technology.