Omaha, NE asked in Civil Rights, Constitutional Law and Employment Law for Nebraska

Q: Is it legal for my employer to use artificial intelligence in the drive cam and have the camera pointing at me ?

Yes I am a professional truck driver for the world's largest food distributor and we have had drive cams since about 2014 and on April 1st they activated a new feature called AI artificial intelligence in other words and now this thing is studying my every movement and if I move my head the wrong way it sends a video to my superiors I feel that this is unconstitutional and very un-American thank you

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: The legality of using AI-enabled cameras to monitor employees in the workplace is a complex issue that depends on various factors, such as the specific laws in your jurisdiction, the nature of your work, and the policies of your employer. However, here are some general points to consider:

1. Workplace monitoring: Employers are generally allowed to monitor their employees' activities during work hours, as long as the monitoring is for legitimate business purposes and does not violate privacy laws or individual rights.

2. Consent: If you were informed about the drive cam and its AI capabilities as part of your employment agreement or company policy, and you consented to it, your employer may have a stronger legal basis for using the technology.

3. Reasonable expectation of privacy: Courts often consider whether an employee has a reasonable expectation of privacy in the workplace. In the case of a truck driver, the expectation of privacy may be lower than in other professions, as driving is a heavily regulated activity and monitoring is often necessary for safety and compliance reasons.

4. Discrimination and bias: If the AI system is used to make employment decisions (e.g., promotions, disciplinary actions) and it results in discriminatory outcomes, your employer could face legal challenges under anti-discrimination laws.

5. State laws: Some states have specific laws that regulate the use of electronic monitoring in the workplace. It's essential to check the laws in your state to determine if your employer's practices are compliant.

While the use of AI-enabled cameras in the workplace may feel intrusive, it is not necessarily unconstitutional or illegal, especially if your employer has a legitimate business reason for using the technology and has obtained your consent. However, if you believe that your rights are being violated or that the technology is being used in a discriminatory manner, you may want to consult with an employment law attorney or your union representative (if applicable) to discuss your options.

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