AI at Work: How to Protect Your Privacy and Fight Bias

More employers are turning to artificial intelligence for tasks that affect your career: screening résumés, ranking performance, even monitoring productivity. If you work at a company that uses AI tools—whether an AI writing assistant, an automated HR system, or a surveillance platform—you have reason to pay attention. These systems can introduce new risks to your privacy and create or amplify bias in decisions about hiring, promotions, and compensation.

In June 2026, the law firm CDF Labor Law LLP published an article titled “AI in the Workplace: Managing Bias, Privacy, and Legal Risk,” underscoring that this is a live issue for employers and employees alike. While the legal landscape is still developing, there are practical steps you can take today to protect yourself.

What’s Happening

Employers use AI in several common ways:

  • Hiring and recruitment: Algorithms scan résumés for keywords, assess video interviews via facial expression analysis, or rank candidates based on past hiring data.
  • Performance management: AI tools evaluate employee output, communication patterns, or collaboration metrics to assign scores or flag “low performers.”
  • Productivity monitoring: Software tracks keystrokes, mouse movements, time spent on applications, and even webcam usage.
  • Employee analytics: Systems combine data points from calendars, emails, and chat logs to predict turnover or recommend promotions.

These applications are often sold as objective and efficient, but they can produce outcomes that are anything but neutral. Bias in training data, opaque algorithms, and poor design can lead to discriminatory results. At the same time, the data collected about you—your work habits, your communications, even your biometrics—may be stored, analyzed, or shared in ways you didn’t agree to.

Why It Matters

The risks fall into two main categories: privacy and bias.

On the privacy side, many employees are unaware of how much data their employer collects through AI systems. That data may be kept indefinitely, shared with third-party vendors, or used for purposes beyond the original context, such as selling aggregated insights or training other AI models. Some states, like Illinois, require employers to obtain consent before using certain AI monitoring tools, but that is not universal.

On the bias side, AI can replicate—and sometimes worsen—existing inequities. The U.S. Equal Employment Opportunity Commission (EEOC) has warned that hiring algorithms can discriminate against people with disabilities, and the agency has issued guidance on how existing anti-discrimination laws apply to AI. Similar concerns apply to performance evaluations and promotion decisions: if the training data reflects past biased decisions, the AI will likely perpetuate them.

Because these systems are often proprietary, it can be difficult to know how they work or whether they treat you fairly. That lack of transparency is a problem, especially when the outcomes matter to your career and livelihood.

What You Can Do

You don’t have to be a technology expert to take action. Here are concrete steps employees can consider:

  1. Read your company’s AI and data privacy policies. Many employers have adopted policies that outline when and how they use AI, what data is collected, and who has access to it. Look for language about automated decision-making, employee monitoring, and third-party data sharing. If the policy is vague or missing, ask your HR department for clarification.

  2. Limit the personal information you share on work systems. Avoid logging into personal accounts on work devices unless necessary. Be cautious about what you type in work chat apps or emails—those communications may be analyzed by AI tools. Remember that even metadata (who you communicate with, how often, at what times) can be used to infer patterns.

  3. Know your legal rights. Federal anti-discrimination laws (like Title VII of the Civil Rights Act) apply to AI-driven employment decisions. The EEOC’s guidance on AI and disability discrimination is one example. Additionally, some states have enacted specific laws: Illinois’ Artificial Intelligence Video Interview Act requires notice and consent for AI analysis of video interviews; California’s privacy law (CPRA) gives employees some rights to access and delete certain data. The legal framework is still evolving, so staying informed is worthwhile.

  4. Opt out where possible. Some AI tools allow employees to disable certain monitoring features or decline to participate in analytics programs (for example, sentiment analysis of emails). Check whether your employer offers opt-out options and use them if you are uncomfortable.

  5. Watch for red flags in decision-making. If you suspect bias—for example, a pattern of rejections that correlates with your race, age, or disability—document the details. Keep notes of when decisions were made, what criteria were communicated, and any inconsistencies you observe. This information may be valuable if you decide to file a complaint with your employer or a regulatory agency.

  6. Ask questions. You generally have a right to know if an AI system is used in a significant employment decision, such as hiring or promotion. Request an explanation of how the system works and what data it uses. Employers are not required to share the algorithm’s source code, but they should be able to provide a general description of the factors considered.

  7. Report concerns internally or externally. If you believe your rights have been violated, start with your company’s HR or ethics hotline. If that doesn’t resolve the issue, you can file a charge of discrimination with the EEOC or your state’s fair employment practices agency.

What to Keep in Mind

The technology and the law are both moving quickly. Not all uses of AI in the workplace are harmful, but many carry risks that employees have not been fully trained to spot. The best defense is awareness: know what tools your employer uses, understand your rights, and speak up when something seems off.

If you want to dig deeper, start with the EEOC’s guidance on AI and disability discrimination, review your state’s employee privacy laws, and consult articles like CDF Labor Law LLP’s “AI in the Workplace: Managing Bias, Privacy, and Legal Risk” for employer-side perspectives. The more you know, the better you can protect your privacy and ensure fair treatment—regardless of what the algorithm says.