Executive Order Outlines a Future Federal AI Policy That May Preempt State Laws

At a Glance

  • The executive order outlines a future federal AI policy that may preempt state laws, but no timeline has been set. 
  • Existing state AI regulations remain in effect, so employers using AI for employment-related decisions should stay compliant with current state laws until further notice. Employers using AI for employment-related decisions should carefully monitor for potentially biased output generated by AI solutions. 

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AI on Trial: Mobley v. Workday and the Future of Employment Law

Labor and employment associate Catie Wheatley co-authored an article titled “AI on Trial: Mobley v. Workday and the Future of Employment Law” for Louisville Bar Association’s Bar Briefs. Wheatley is the Vice-Chair of the LBA Labor and Employment Law Section. 

The article discusses Mobley v. Workday, Inc., one of the first major court challenges to the use of algorithmic hiring tools under federal employment discrimination laws. 

The authors note how this case is not just about artificial intelligence or one lawsuit against one platform. There are potentially far-ranging implications regarding employment discrimination claims premised on novel theories of agency and disparate impact. The allegations in Mobley and early rulings are a reminder that employers face exposure from its vendors and AI tools that disproportionately harm protected groups, even absent malice or bias from the employer and its hiring managers. 

The article concludes by emphasizing that human oversight, thorough documentation, and transparency in the hiring process are now more crucial than ever.  Continue reading “AI on Trial: Mobley v. Workday and the Future of Employment Law”

Promises and Perils: Guiding Principles for Employers Implementing Artificial Intelligence in the Workplace

On October 30, 2023, President Biden issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.  Pursuant to the Executive Order, on May 16, 2024, the U.S. Department of Labor (DOL) published the following eight principles regarding the development and use of AI in the workplace:

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No Robot Bosses! Congress Takes on Employers’ Use of Artificial Intelligence

Sens. Bob Casey (D-PA) and Brian Schatz (D-HI) have recently introduced the No Robot Bosses Act (the Bill) to the Senate in an effort to regulate employers’ use of automated decision systems in the workplace. The Bill covers past and present candidates for employment as well as workers “performing work for remuneration.” This broad definition is of particular importance as many employers use AI to sift through past applications to solicit reapplications if a new position opens up.

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Artificial Intelligence: EEOC Addresses Employer Liability When Using AI in Selection Procedures

The EEOC releases a technical assistance document exploring employers’ Title VII liability when incorporating AI tools and automated systems in employment selection procedures, and a new Texas district court rule prevents attorneys’ unchecked use of AI in preparing legal documents — we’re exploring these developments and the latest insurance regulatory news from California and Colorado in our briefing.

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Artificial Intelligence Briefing: New York City Department of Consumer and Worker Protection Ready to Enforce Regulation of Automated Employment Decision Tools

Our latest briefing dives into new local laws about AI and how it affects both employment and insurance industries, the launch of NIST’s Trustworthy & Responsible Artificial Intelligence Resource Center and the plans for it moving forward, new guidance from the FDA on cybersecurity and on artificial intelligence/machine-learning frameworks, and the Coalition for Health AI’s quality assurance standards for use of AI in the health care and related industries.

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