The Metaverse Series - Part 5 - Employer Considerations In The Metaverse

• Published date: 13 February 2023
• Subject Matter: Employment and HR, Discrimination, Disability & Sexual Harassment, Employment Litigation/ Tribunals
• Law Firm: Shepherd and Wedderburn LLP
• Author: Ms Joanna Boag-Thomson, Gillian Moore and Rachael Brooks

In the fifth and final article of our metaverse series, we will discuss the use of immersive online technology in an employment context and set out some of the considerations that employers will be grappling with if looking to harness this technology in the workplace.

Introduction

The use of technology is already significantly more prominent in the workplace than it was pre-pandemic, with virtual meetings a staple of many people's working days. For some, it seems inevitable that this use of technology will progress and the metaverse will become a feature of the hybrid and remote working environment. It is likely that some employers will soon be considering how best they can utilise the metaverse for better employee and client engagement. Microsoft Teams is widely used in workplaces, and Microsoft Teams have already added the option to join these meetings via 3D virtual avatars. In the fifth and final article of our metaverse series, we will discuss the use of this immersive online technology in an employment context and set out some of the considerations that employers will be grappling with if looking to harness this technology in the workplace.

Diversity and inclusion

The option for individuals to personalise their avatars requires organisations to be mindful of their diversity and inclusion responsibilities. UK law prohibits discrimination based on nine protected characteristics (age, disability, gender reassignment, pregnancy/maternity, marriage/civil partnership, race, religion or belief, sex and sexual orientation). The notion that individuals should design an avatar to reflect their own image raises a host of potential issues. Will the technology be capable of adequately representing an individual's gender identity, age, race or disability for example? Should avatars be able to wear a wedding ring or show when they are pregnant? If the technology isn't advanced enough to offer sufficient options, the employer may be at risk of discrimination claims from employees denied the same accurate-avatar experience as their colleagues.

On the other hand, employers may be criticised for insisting on too much avatar-accuracy and should think carefully before challenging individuals for using too much artistic license. If the avatar-creation process asks too many questions and is too specific, this may also give rise to discrimination as well as privacy issues. The law currently protects against perceived discrimination in some circumstances. If employees can...