Pending AI Legislation to Keep Our Eye On
No Robot Bosses Act (24191, introduced by Sen. Bob Casey (D-PA))
This Act would ban employers from relying exclusively on automated decision systems (ADS) to make “employment-related decisions”. Decisions from the recruiting stage, pay, scheduling, benefits, even through termination. This bill plans to protect not only employees and applicants, but independent contractors.
Stop Spying Bosses Act (2622, introduced by Sen. Bob Casey (D-PA))
This Act specifically targets invasive workplace surveillance, such as tracking employee activity including their location. This bill would require employers that do engage in such surveillance to disclose such information to employees and applicants. The disclosure will provide details about the data being collected and how the surveillance affects the employment-related decisions.
In addition, this bill would ban employers from collecting sensitive data, such as data collection while an individual is off-duty or data that interferes with union organizing; and establish a new Privacy and Technology division at the Department of Labor. This divisions will enforce and regulate workplace surveillance.
Algorithmic Accountability - (28923, introduced by Sen. Ron Wyden (D-OR))
This act seeks to regulate how companies use AI to make “critical decisions" that will signficatly affect an individual's employment. Companies would be required to assess the impacts of automated decision systems (ADS), which would include any biases or discrimination (among others); and will provide related ongoing training and education for all relevant employees , contractors, or other agents. The FTC would be required to create regulations to carry out the bill's purpose.
For employers that utilize Artificial Intelligence (AI) or developers that create the systems that use AI, may be subject new laws introduced by federal legislators. Congress is considering to hone in on more specific issues like the workplace. Issues such as on automated decision systems or “robot bosses” to workplace surveillance or “spying bosses”.
In the past, the US government has increased its efforts to regulate the development, design and ultimately the usage of Artificial Intelligence. The current legislation includes:
AI in Government Act
Enacted in 2020, this act requires the OPM to identify the skills and competencies positions will need for federal positions related to AI. In 2021, the National AI Initiative Act establishes a framework for the national AI strategy and federal offices and task force to implement it. The AI Training Act (2022) requires OMB (US Office of Management and Budget) Director to establish and or provide a training program for the acquisition workforce among other purposes.
EEOC AI and Algorithmic Fairness Initiative (2021)
This act requires AI programs and or tools used for hiring and other employment decisions to comply with federal equal employment opportunity laws. The EEOC issued guidance in 2022 that clearly states employers' use of software, algorithms, and AI for assessing job applicants and employees may increase risk in violating the Americans with Disabilities Act. The EEOC warns employers that they will apply long-standing principles in an effort to find possible Title VII violations related to the use of AI with employment-related actions.
Source(s): JD Supra, received on April 4, 2024; US Congress1, accessed on April 5, 2024; US Congress2, accessed on April 5, 2024; US Congress3 accessed on April 5, 2024 EEOC accessed on April 5, 2024; FisherPhillips, accessed on April 5, 2024.