Leveraging Technology for Effective Workplace Investigations
As artificial intelligence technology increasingly evolves, companies are embracing it to streamline the process of workplace investigations. AI-driven probes can uncover details quickly and efficiently that would be difficult for a human alone to detect - however, companies (and workplace investigators) should take diligent care to weigh both its advantages and disadvantages before jumping into a process that involves such sophisticated technology.
The Basics: AI-related Technology in Workplace Investigations
Certain AI-related technology may rely on the information presented to spot patterns and draw connections between facts, allowing for better outcomes with fewer resources required.
AI technology also has the potential to help protect the integrity of the investigation due to its ability to flag any suspicious activity taking place during the process (but see further discussion below on integrity concerns).
With greater accuracy and speed, artificial intelligence is a powerful tool for workplace investigations that organizations should consider adding to their investigative workflow.
Let’s explore how technology can be used to make workplace investigations more effective and efficient.
Using AI in Workplace Investigations
AI is becoming increasingly common in workplace investigations, as it can help speed up the process and reduce costs associated with gathering evidence. For instance, AI-driven technologies such as natural language processing (NLP) can be used to quickly scan through emails and other documents for keywords or phrases that are relevant to an investigation while automating mundane tasks (like searching through emails). This type of technology can also be used to identify patterns or trends in employee behavior that may indicate misconduct.
Additionally, AI-powered chatbots can be employed during interviews with witnesses or suspects in order to streamline the questioning process and ensure consistent results across multiple interviews. AI can be used to analyze large amounts of data, such as emails and other electronic communications, to identify patterns and anomalies that may indicate misconduct (including predictive analysis), including identifying patterns that may have otherwise gone unnoticed to a human eye. AI can also be used to analyze data in ways that can help speed up the investigative process.
However, artificial intelligence also has its drawbacks when used for workplace investigations. AI technologies at present are limited in their ability to understand context and make decisions that require human judgment. Furthermore, AI solutions rely heavily on data input, meaning the accuracy of the analysis will be dependent on the quality of data provided by employers. As such, AI technologies left unchecked can also result in replicating human bias, depending on the data input (for more in-depth discussion on the challenges with biased algorithms, see my article on AI in the Workplace published in the American Bar Association Journal).
Employers should consider potential ethical implications associated with artificial intelligence and workplace investigations such as privacy concerns and employee surveillance.
When considering artificial intelligence for conducting workplace investigations, employers should take into account the pros and cons associated with using these technologies and weigh their options carefully. They should keep in mind different legal regulations regarding employee privacy rights as well as ensure their AI tools are adequately trained and supervised to avoid potential bias (for discussion on current legal regulations surrounding artificial intelligence in the workplace, see my article in Los Angeles Lawyer Magazine on AI in the Workplace).
Examples of How AI Can Be Used in Workplace Investigations
There are several specific examples of how AI can be used in workplace investigations. Here are a few:
Text Analysis: AI can be used to analyze large amounts of text data, such as emails, instant messages, and other electronic communications, to identify patterns and anomalies that may indicate misconduct. For example, AI can be used to identify specific keywords or phrases that are indicative of misconduct, such as "bribe" or "cover-up."
Image and Video Analysis: AI can be used to analyze images and videos that may contain relevant evidence. For example, facial recognition technology can be used to identify individuals in surveillance footage and object recognition technology can be used to identify specific items in an image or video that may be relevant to an investigation.
Voice Analysis: AI can be used to analyze audio data, such as phone calls or voicemails, to identify patterns or anomalies that may indicate misconduct. For example, AI can be used to identify specific words or phrases, or changes in tone or volume, that may indicate that an individual is lying or attempting to cover up misconduct.
Social Media Analysis: AI can be used to scan social media platforms to identify potential witnesses or suspects and to uncover information that may be relevant to an investigation. For example, AI can be used to identify individuals who may have witnessed or been a victim of misconduct or to identify individuals who may be connected to suspects.
Automating the Process of Investigations: AI can also be used to automate the process of investigations by providing automated document classification, redaction, and summarization. This can help investigators quickly identify relevant documents, redact sensitive information, and summarize key findings.
Importantly, while all of these technologies exist and have the capacity to be used at some level in a workplace investigation, companies (or workplace investigators) should consider the serious ethical implications of doing so (as well as whether they are legal).
Some of those ethical concerns include the following:
Bias: As discussed previously, AI algorithms can perpetuate and even amplify existing biases, such as gender or racial biases, in the data they are trained on. This can lead to unfair or inaccurate conclusions in workplace investigations.
Transparency: Unless you are a tech wiz, AI algorithms can be difficult to understand and interpret, which can make it difficult for attorneys to explain the reasoning behind their conclusions to clients or other stakeholders.
Privacy: The use of AI in workplace investigations may raise privacy concerns, particularly if the data used to train the algorithms includes sensitive personal information. This is further complicated when employees are subject to certain privacy protections under the law, such as the California Consumer Privacy Act (CCPA) and other similar laws.
Reliability: AI-based systems may be susceptible to errors or inaccuracies, which can lead to unreliable conclusions in an investigation. Attorneys or workplace investigators should be aware of the limitations and potential errors of the AI system they are using - including having an understanding of those systems before making determinations on their data.
Explainability: Similar to transparency concerns, AI-based systems may not be able to provide a clear explanation of their decision-making process, which can make it difficult for investigators to understand the reasoning behind the algorithm's conclusions.
Autonomy: AI-based systems may be able to take decisions on their own, which can raise ethical concerns about accountability and responsibility for the actions of the system. This may also raise ethical questions for an attorney relying on that determination, especially without an understanding of the technology used by the AI system to arise that decision.
Compliance with laws and regulations: We cannot state this enough: Attorneys should ensure that their use of AI in workplace investigations is in compliance with all relevant laws and regulations, including data protection and privacy laws (also explained here article in Los Angeles Lawyer Magazine on AI in the Workplace).
It's important for workplace investigators to be aware of these ethical concerns and to take steps to address them in order to ensure that their use of AI in workplace investigations is fair, transparent, and compliant with all relevant laws and regulations.
Digital Tools for Evidence Collection
In addition to AI, there are numerous digital tools available for use in collecting evidence during investigations. In states/jurisdictions where legal and used in a permissible way, video surveillance systems are utilized in certain situations to monitor employees’ activities in the office or on job sites, making it easier for investigators to detect any suspicious behavior.
Also, as permitted under applicable law, digital voice recorders are also useful for capturing audio from witness interviews or conversations between employees that may contain information pertinent to an investigation. Finally, data mining software can be employed to uncover useful insights from large sets of data related to an incident or investigation topic and quickly synthesize that data for analysis.
In conclusion, technology has become an invaluable tool for workplace investigators who want to conduct more effective and efficient investigations into potential misconduct at work. Artificial intelligence and other digital tools provide powerful assistance in gathering and analyzing evidence related to such incidents, while also helping ensure consistency throughout the investigative process.
While artificial intelligence can be a useful tool for employers conducting workplace investigations, it should be used with caution to ensure that employee privacy is not violated and ethical considerations are taken into account. By carefully considering these factors, employers can use artificial intelligence in their investigations while still respecting the rights of their employees.
If you have questions about workplace investigations, need a skilled attorney for conducting a workplace investigation, or are concerned about utilizing artificial intelligence with your workplace investigations, we can help. Contact Wagner Legal for a consultation today.
Don’t forget to subscribe to receive the Legal Cut, a newsletter built to keep you informed with the latest legal insights of the entertainment industry!
