The Growing Regulation of AI-Based Employment Decision Tools

The growing use of video and automated technology, including artificial intelligence (AI), in employment practices—and the concern that the technology may foster discrimination and bias—has triggered a wide array of regulatory efforts. At least 11 statutes have been introduced targeting the use of AI-related technology to assist with employment decisions. Employers should take note of enacted and proposed legislation and consult with legal counsel before implementing automated employment technologies. For recommendations on how to regulate the use of AI and other automated decision tools, see the previous EEOC guidance.