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Employment & Labor, Technology & Privacy
As Artificial Intelligence Proliferates, States and Localities Enact Laws Regulating Its Use in Hiring
June 15, 2023 | Kim Miller
States and localities have begun to explore legislation and regulations that regulate the use of artificial intelligence in hiring and promotions. Several states and the District of Columbia introduced bills during the 2023 legislative sessions to regulate the use of AI in the hiring process, although none have passed. However, this issue is likely to proliferate during the 2024 state sessions and beyond. One common provision in these bills is the implementation of regular assessments and safeguards. Bills in multiple states propose conducting yearly assessments of AI hiring tools to ensure fairness and prevent discrimination, similar to a law enacted in New York City in 2021. Other bills attempt to stem potential harms from the use of AI tools in hiring, such as those in Illinois and Rhode Island. The Illinois bill would require that employers who use predictive data analytics in employment decisions cannot consider an applicant’s race, or use zip code as a proxy for race, in hiring decisions.
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