According to the National Conference of State Legislatures, 38 states have adopted more than 100 Artificial Intelligence (AI) laws. Many of these laws focus on child exploitation, deepfakes, privacy, and how the technology should be used. Several states who have not yet adopted laws are looking into doing so.
The Equal Employment Opportunity Commission (EEOC) reminds employers that even in the absence of specific AI laws, there are federal laws already in place that are designed to protect employees from discrimination in the workplace. These laws include:
- Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex (including sexual orientation and transgender status), and national origin.
- Pregnancy Discrimination Act of 1978 amended Title VII to prohibit discrimination on the basis of pregnancy, childbirth, or related medical conditions.
- Pregnant Workers Fairness Act of 2022 requires covered employers to provide reasonable accommodations to an employee’s or applicant’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.
- Age Discrimination in Employment Act of 1967 prohibits employment discrimination against people who are 40 years of age or older.
- Americans with Disabilities Act of 1990 – Titles I and V of the ADA make discrimination against a qualified individual on the basis of disability by private employers, most businesses, and state and local governments illegal. Title I addresses employment discrimination on the basis of disability. Title V addresses related matters, including regulations, technical assistance, retaliation, and more.
If an employer is using AI software to make employment decisions, the employer is still responsible for ensuring compliance with federal law. Be transparent with applicants and disclose the use of AI in hiring. Conduct AI software audits on a regular basis, with a focus on preventing bias. Many states are recommending “meaningful human oversight” to avoid potential legal liability regarding discriminatory impacts on workers.
It is crucial to evaluate and adjust your AI practices to ensure compliance. By proactively and persistently addressing these challenges, you minimize your legal risks.