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Employers that use artificial intelligence — and developers that create AI systems — could be subject to extensive new laws under several bills introduced by federal legislators. While much of the existing legal landscape on AI centers on broad, overarching principles, Congress has been considering bills that hone in on more specific issues like the workplace. We'll outline the three federal bills that employers should care about most, covering issues ranging from overreliance on automated decision systems — or "robot bosses" — to workplace surveillance — or "spying bosses." As we are approaching the tail end of the 118th Congress, it is unlikely that the legislation mentioned will pass in its current form in 2024. That being said, we expect some or all of the bills to be re-introduced in the next legislative session.
|Over the past several years, the federal government has ramped up its efforts to govern the development, design, and usage of AI. Here's a sample of the laws, guidance, and standards already in place:
|1. No Robot Bosses Act, S. 2419, introduced by Sen. Bob Casey (D-PA).
The aptly named "No Robot Bosses Act" would ban employers from relying exclusively on automated decision systems (ADS) to make "employment-related decisions" — which is broadly defined to include decisions at the recruiting stage through termination and everything in between (such as pay, scheduling, and benefits). The bill would protect not only employees and applicants but also independent contractors.
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