Last month, California Gov. Gavin Newsom signed an executive order regarding artificial intelligence. While this action does not carry the weight of legislation or regulation, it should nevertheless prompt employers to recognize that AI has already and will continue to grab the attention of all levels of government.

When it comes to AI in the workplace, there are steps that employers can take now to ensure compliance with existing laws and get a head start on anticipated regulations. AI can improve workplace efficiency and lead to more consistent, merit-based outcomes in the workforce. However, if the proper safeguards are not in place, AI can perpetuate or augment workplace bias.

Newsom's Executive Order

Newsom's executive order directs California state agencies to study the benefits and risks of AI in numerous applications. This study must include an analysis of risks AI poses to critical infrastructure and a cost-benefit assessment regarding how AI can impact California residents' access to government goods and services.

In the employment context, the executive order instructs the California Labor and Workforce Development Agency to study how AI will impact the state government workforce and asks the agency to ensure the use of AI in state government employment results in equitable outcomes and mitigates "potential output inaccuracies, fabricated text, hallucinations and biases" of AI.

EEOC Guidance on the Use of AI

The executive order's contemplation of AI...

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