What Does the 2025 Artificial Intelligence Legislative and Regulatory Landscape Look Like for Employers?
In the absence of federal regulation, several states have either passed or are considering legislation aimed at mitigating the risk of an employer’s use of an AI system resulting in algorithmic discrimination. This Insight provides a roundup of state and local AI laws impacting employers, and notable pending measures. “Algorithmic discrimination” refers to the use of an artificial intelligence (AI) system that results in differential treatment or impact disfavoring an individual based on protected characteristics ( e.g ., age, color, ethnicity, disability, national origin, race, religion, veteran status, sex, etc.). It is well settled that AI systems have the potential to create discriminatory results, whether from system training with flawed or unrepresentative data, or because the system found and replicated patterns of human discrimination within the training data. Such discrimination is particularly troublesome in the context of employers that use AI systems to make employme...