February 18, 2025
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Category: Artificial Intelligence

Updated California Proposed AI Rules Published

California’s Civil Rights Department (CRD) has updated its proposed regulations for employers’ use of artificial intelligence (AI) and automated decision-making systems. The updated proposed rules expressly state that an employer’s failure to test AI tools for bias could be relevant to a discrimination claim. The new version of the proposed rules also removes language creating liability for AI developers and a definition of...
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June 17, 2024
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Category: Artificial Intelligence

New Online Resource Covering State and Local Workplace-Related AI Laws

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has launched a State and Local AI Laws resource online. This new resource is designed to keep our members apprised of the growing number of state and local laws that govern the use of artificial intelligence in making employment decisions. Among the laws summarized in CWC’s new resource are...
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June 06, 2024
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Category: Artificial Intelligence

Colorado First State To Enact Expansive Law Governing Workplace Use of High Risk AI Systems

Colorado has enacted a first-of-its-kind state law (SB 24-205) that establishes comprehensive compliance obligations for covered employers that use high-risk artificial intelligence systems to assist in employment-related decisions. Subject to numerous exceptions, the statute defines “high-risk” AI systems as artificial intelligence systems that make or are a substantial factor in making a consequential decision. The statute defines a "consequential decision”...
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June 03, 2024
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Category: Artificial Intelligence

Biden Administration Issues Guidance on Workplace Use of Artificial Intelligence

The U.S. Department of Labor and the Biden White House have published principles for AI developers and employers to follow regarding the use of artificial intelligence in the workplace. On May 16, 2024, DOL issued a guidance document entitled Artificial Intelligence and Worker Well-being: Principles and Best Practices for Developers and Employers, and the White House issued a Fact Sheet entitled Biden-Harris...
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May 09, 2024
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Category: Artificial Intelligence

EEOC Brief Argues That AI Software Vendor Can Be Held Liable for Discrimination

The U.S. Equal Employment Opportunity Commission has filed a friend-of-the-court brief in a federal district court case, arguing that a human resources software company can be held directly liable for employment discrimination allegedly caused by its artificial intelligence (AI) tool. The EEOC’s brief in Mobley v. Workday, Inc., claims that a software vendor that provides online resume-screening services can be liable...
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November 13, 2023
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Category: Artificial Intelligence

Sweeping New Biden Executive Order on AI Carves Out Role for Labor Department

President Biden has issued a wide-ranging executive order directing federal executive branch agencies to develop policies that manage the risks of artificial intelligence while recognizing its potential. Officially titled “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,” E.O. 14110 was signed October 30, 2023. This memo focuses on the ramifications for the Department of Labor (DOL) and its...
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September 25, 2023
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Category: Agency Enforcement

EEOC Adopts New Five-Year (2024-2028) “Strategic Enforcement Plan”

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) has released a new five-year Strategic Enforcement Plan (SEP) listing its enforcement priorities for the period 2024–2028. The SEP signals the Commission’s new focus on the potentially discriminatory impact of artificial intelligence (AI) and automated systems in the employment context. The new SEP also significantly broadens the category of vulnerable workers...
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