Connecticut has joined the growing number of states regulating the use of artificial intelligence (AI) in the workplace after passing legislation that Governor Ned Lamont is expected to sign into law. Among several other provisions, including regulations addressing AI interactions with minors, the Connecticut Artificial Intelligence Responsibility and Transparency Act (SB 5) creates new requirements for employers that use automated tools in employment-related decisions, including for recruiting, hiring, promotion, discipline, and termination.
SB 5 arrives amid a fast-developing state-by-state AI regulatory landscape. As reflected in our recent employment-focused AI alert,1 employers must comply with numerous state and local laws requiring transparency, risk assessment, vendor oversight, and anti-discrimination controls when automated systems are used in employment decisions. Connecticut’s framework follows this trend directly addressing automated tools in recruiting and personnel decisions.
SB 5 regulates “automated employment-related decision processes (AERDP).” AERDP is broadly defined as “a computational process that generates any output, including, but not limited to, any constraint, rank, score, recommendation or classification, that (i) affects the outcome of an employment-related decision, and (ii) is not a de minimis factor that is relied upon in making, or in determining the material terms of, an employment-related decision.” Specifically,...
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