State / Jurisdiction
Federal/All
OFCCP Guidance on Use of AI in Employment
The Office of Federal Contract Compliance Programs (OFCCP) published a new web page on April 30, 2024, that is dedicated to guidance on the use of artificial intelligence. The new launch page also includes a joint statement on the use of artificial intelligence (AI) by various government agencies regarding enforcement of civil rights, fair competition, consumer protection, and equal opportunity laws in automated systems.
California
California Bill Governing Generative AI Passes Senate
California's AB2013 was amended and passed by the state Senate on August 19, 2024. The bill requires the developer of generative artificial intelligence (AI) to post documentation on its website, including data used by the developer to train the generative artificial intelligence system or service. If signed by Governor Newsom, this will go into effect January 1, 2026.
Colorado
Colorado Passes Broad Artificial Intelligence Law
Recently signed by Governor Jared Polis, Colorado's SB205 will become the first state artificial intelligence (AI) law that imposes requirements on the developer as well as the deployer of the AI system responsible as a substantial factor in making "consequential decisions" in employment opportunities among many other areas of business, housing, healthcare, and education. Some notable requirements include disclosures to consumers, published statements on websites, impact assessments, and risk disclosures to the Attorney General. For more information, refer to this article published by The National Law Review.
Colorado's AI Bill Passes State Legislature
If signed by Governor Jared Polis, Colorado's SB205 would become the first artificial intelligence (AI) law to impose requirements on the developer as well as the deployer of the AI system responsible as a substantial factor in making "consequential decisions" in employment opportunities among many other areas of business, housing, healthcare, and education. Some notable requirements include disclosures to consumers, published statements on websites, impact assessments, and risk disclosures to the Attorney General. For more information, refer to this article published by The National Law Review.
Illinois
Illinois Law Restricts AI in Employment Decisions
Governor Pritzker signed HB 3733 into law on August 9, 2024, which will regulate the use of artificial intelligence in the employment process. The law will be effective January 1, 2026, and it requires employers to notify applicants and employees whenever an AI tool is used for employment-related purposes. It also stipulates that employers are responsible for any discrimination resulting from the use of AI and clarifies that the use of zip codes as a proxy for protected classes as part of the AI tool or process is a civil rights violation. Refer to this Littler article for more details.
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