Employment Law in the Metaverse: Harassment, Discrimination, Accommodations, Jurisdiction, Privacy, Cyber Security, Digital Outsourcing

Description

Technology is creating new legal issues for employers. The metaverse, a virtual world in which users interact in simulated environments, is expanding as companies begin exploring augmented reality as a means of improving workflow and communication. This has created a number of issues that employment policies, laws, and regulations have not directly addressed.

One of the first legal issues to arise in the metaverse was a claim of sexual harassment, which will be discussed alongside the related issues presented by verbal harassment, bullying, and discrimination in the metaverse. Such acts may occur when, for instance, an avatar in a virtual space “physically” harasses someone, is designed to have inappropriate bodily proportions or characteristics, etc. When implementing or building a platform, the mechanisms to prevent harassment, discrimination, and bullying should be an initial consideration for employers.

Metaverse platforms may also lead to exclusion of persons with visual, physical, and/or verbal impairments and disabilities depending on the platform design. When implementing or building a platform, employers should carefully consider all accessibility concerns and formulate a clear and concise accommodation strategy.

Until further laws and regulations are passed, employers will need to ensure their regulation of and conduct within the metaverse workplace is aligned with existing federal and state employment laws and regulations. Employers should establish the terms and conditions of use and dispute resolution and revise existing policies pertaining to harassment, discrimination, bullying, accessibility and accommodations, and related reporting obligations.

Together with use of the metaverse, some employers are investigating artificial intelligence as a means of improving efficiency. Employers can create AI supervisors, advisers, and assistants, which can provide support to employees with low level tasks, leaving employees to perform the higher leverage and discretionary functions of their jobs.

Listen as our expert panel discusses the legal issues that will arise as employers move into the metaverse. The panel will address key legal concerns that are likely to arise, and which should be considered before moving onto a virtual platform.