
Maddie Chang is a student at Harvard Law School.
In today’s Tech@Work, a regulation-of-algorithms-in-hiring blitz: Mass. AG issues advisory clarifying how state laws apply to AI decisionmaking tools; and British union TUC launches campaign for new law to regulate the use of AI at work.
This week, Massachusetts Attorney General Andrea Campbell issued an advisory that outlines how the state’s existing laws and regulations apply to new uses of artificial intelligence (AI), including AI used in hiring. The advisory begins by framing the problem and the stakes as such: “AI has been found to generate false information or results that are biased or discriminatory. These deficiencies and instances of poor quality are especially concerning when AI is used for processes that impact consumers’ livelihood, reputation, or economic well-being.” It goes on to note that AI decision making is subject to the state’s consumer, anti-discrimination, and data security laws, as well as the state’s enforcement of the (federal) Equal Credit Opportunity Act.
On the consumer law side, the guidance provides examples of what counts as an unfair or deceptive practice when it comes to AI. One potentially powerful interpretation is that “offering for sale or use an AI system that is not robust enough to perform appropriately in a real-world environment as compared to a testing environment is unfair and deceptive.” In theory, this type of deception/unfairness could include, for example, the use of AI hiring tools that perhaps did not exhibit disparate impact when tested on sample data, but did when used in real life hiring contexts.
British union Trade Union Congress (TUC) launched a campaign today for a new bill that would regulate the use of AI at work, as it affects both job seekers and workers. The TUC is an umbrella organization of 48 union affiliates that represents 5.5 million individual members in the UK. The proposal seeks to regulate multiple stages of the AI adoption process in workplaces. At the stage where a workplace would consider adopting an AI tool, employers would need to conduct a Workplace AI Risk Assessments’ (WAIRA) to assess the risks of a tool, which would involve extensive consultation with workers. Separately, job seekers would be entitled to personalized explanations of AI hiring decisions and other high-stakes decisions, as well as reconsiderations on a human rights basis.
Additionally, the TUC proposes an outright ban on the use of emotion recognition tools, many of which are considered pseudo-scientific. This proposed bill represents a sector-based way to regulate AI, which stands in contrast to the EU’s cross-sector, technology-centric approach as exhibited in the EU AI Act. Where the US will end up is to be determined. But in the meantime, cities are starting to experiment with use-case-specific regulations, such as New York City’s law requiring audits for AI hiring tools (bonus news item: see a new paper examining its efficacy here!).
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October 8
In today’s news and commentary, the Trump administration threatens no back pay for furloughed federal workers; the Second Circuit denies a request from the NFL for an en banc review in the Brian Flores case; and Governor Gavin Newsom signs an agreement to create a pathway for unionization for Uber and Lyft drivers.
October 7
The Supreme Court kicks off its latest term, granting and declining certiorari in several labor-related cases.
October 6
EEOC regains quorum; Second Circuit issues opinion on DEI causing hostile work environment.
October 5
In today’s news and commentary, HELP committee schedules a vote on Trump’s NLRB nominees, the 5th Circuit rejects Amazon’s request for en banc review, and TV production workers win their first union contract. After a nomination hearing on Wednesday, the Health, Education, Labor and Pensions Committee scheduled a committee vote on President Trump’s NLRB nominees […]
October 3
California legislation empowers state labor board; ChatGPT used in hostile workplace case; more lawsuits challenge ICE arrests
October 2
AFGE and AFSCME sue in response to the threat of mass firings; another preliminary injunction preventing Trump from stripping some federal workers of collective bargaining rights; and challenges to state laws banning captive audience meetings.