AI in HR Investigations. Is It a Double-Edged Sword When It Comes

Description

The term “artificial intelligence” might be the phrase of 2025. It’s written and spoken about virtually everywhere by practically everyone, and it essentially markets itself as the newest, shiniest, and most efficient tool for every industry to consider and put into practice.

But the term “artificial intelligence” is quite broad. The definition of AI is broadened even further when considering that different technologies can be combined to create new AI systems. Despite the ever-expanding definition of AI, it is important to take inventory of the different types of AI to determine which, if any, is best suited for a workplace investigation.

How AI Can Help in Workplace Investigations

• Data management, analysis, and pattern recognition. Deploying AI in a workplace investigation can streamline an often long and intensive process by organizing, synthesizing, and digesting large amounts of data.
• Because AI tools are analysing documents while sorting, an investigator can employ searches to identify information such as patterns, involved parties, and problematic documents, allowing for the creation of visual timelines of the event.

Compliance Considerations and Concerns with AI

• State laws, federal laws, and discrimination liability.
• Some states have started to enact legislation that regulates the use of AI in the workplace, many of which require consent by employees before deploying a program and require regular maintenance of the programs.
• In addition, the U.S. Equal Employment Opportunity Commission issued guidelines reinforcing the principle that investigators can be held liable for discrimination, even when it results from the use of AI.

Investigators using AI in employment investigations continue to expose themselves to liability under the Fair Labor Standards Act, Family and Medical Leave Act, and Employee Polygraph Protection Act, depending on the recommendation resulting from the investigation. Employers need to be aware that how they utilize AI in the workplace will determine their liability and litigation impact.

Areas covered during the Session

• Learn what the AI impacts and concerns are by Employers in terms of liability
• Learn what the obstacles are when Employers and professionals use AI for onboarding, hiring, and performance reviews
• Learn how AI is used during investigations and how they are impacting the investigation process
• Learn what legal implications are when using AI for investigations, which can be an obstacle when using AI data for litigation purposes
• Learn how the Department of Labor (DOL) and the Fair Labor Standards Act (FLSA) will review the data submitted for
• Learn what tools will be instrumental when using AI in the workplace
• Learn how having the “Human Element” when using AI for investigations and other workplace compliance initiatives is mandatory when using AI in the workplace
• Learn what policies Employers need to have in place when using AI in the workplace
• Learn how informing employees that Employers use AI should be a mandatory process

Who should attend

• All Employers
• Business Owners
• Company Leadership
• Compliance professionals
• HR Professionals
• Managers/Supervisors