Organizations seek to effectively utilize employees’ emotions as a resource to enhance their operations. Using Emotion AI appropriately is critical because, if proven otherwise, companies could be held legally liable. We analyze the U.S. legal system addressing Emotion AI use in the workplace. A legal analysis is essential to ensure its use respects employees and avoids potential legal liability. We conclude that the fragmented protections provided fail to clearly and comprehensively safeguard employee emotional privacy.
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Sipior et al. (2026) studied this question.
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