After releasing an initial two-page “fact sheet,” Congress publicly posted the bill text of the No Robot Bosses Act (the “Proposed Act”), detailing proposed federal guardrails for use of automated decision-making systems in the employment context. Robert Casey (D-PA), Brian Schatz (D-HI), John Fetterman (D-PA), and Bernie Sanders (I-VT) currently cosponsor the Proposed Act.
The Proposed Act broadly defines Automated Decision Systems (“ADS”) to include systems that use computation, in whole or in part, to determine outcomes, make or aid decisions, inform policy implementation, or collect data or observations. ADS are not limited to systems that use machine learning or artificial intelligence; however, “passive computing infrastructure”—passive systems that do not influence decision-making—would be excluded.
Employers covered under the Proposed Act include those “engaged in commerce or in any industry or activity affecting commerce who employ, or otherwise engages for the performance of work for remuneration, 11 or more covered individuals[.]” The Proposed Act also includes certain governmental agencies. “Covered individuals” include candidates for employment, as well as individuals “performing work for remuneration,” thus covering both employees and independent contractors.
If enacted, the Proposed Act would subject employers to various requirements when using ADS in connection with “employment-related decisions,” i.e., decisions made during any aspect of the employment...
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