Companies Starting to Fire Workers Who Refuse to Use AI Tools

No one can deny that artificial intelligence is transforming workplaces in a wide range of industries. Small and large companies alike are attempting to use AI in order to increase productivity and possibly reduce labor costs. Increasingly, employers who previously encouraged works to incorporate AI into their jobs, are requiring them to do so. These efforts have met with some resistance among workers, but now more companies are telling employees to use AI or face termination. 

One example of this trend is Coinbase. Leadership at the cryptocurrency exchange company obtained licenses for every engineer and set clear expectations for how the technology should be employed. Shortly thereafter, CEO Brian Anderson reviewed the response among engineers and fired individuals who had not adopted AI as directed. 

While a “use AI or else” policy might not seem to violate any discrimination laws on its face, there are situations where a purported failure to adapt to new technology is a pretext for unlawful bias. One way this can occur is for a company to assert that an older worker was demoted or dismissed because they could not utilize a newly introduced workplace tool. Off-the-clock “self-training” expectations should not be set. When AI or some other emerging technology becomes a mandatory part of an employee’s job, appropriate training should take place. 

If AI tools are inaccessible, or create barriers, to workers with some type of disability, the Americans with Disabilities Act calls for an interactive process to address whether a reasonable accommodation can be made. For instance, this might mean that alternative format must be used so the employee can access AI-generated output, such as a speaker that reads text out loud to a worker with a visual impairment. 

Companies that utilize AI for a significant portion of their work are well advised to develop a comprehensive policy regarding adoption and use of the new technology. Reasonable, job-related metrics can be put in place to avoid concerns that people are being treated unfairly to due their age, disability or some other physical characteristic. 

Should you receive an ultimatum regarding your use of artificial intelligence, it might be a good idea to speak with an employment lawyer, especially if the possibility of dismissal has been mentioned. Kardell Law Group can assess whether the AI directive is based on legitimate productivity goals or is an attempt to mask illegal employment discrimination.