At this point in the evolution of AI technology, while there is endless debate about nothing less lofty than AI’s broad implications for humanity as a whole, it seems we can all agree on one small point. The use of AI models in the workplace to evaluate individuals for hiring, firing, and other employment decisions in between can be — to put it mildly — fraught.
We recently reported on some of the major issues that employers who use AI can confront — from concerns about coding human bias into AI models to keeping up with the rapidly evolving federal regulatory landscape. Similarly, employers who use AI must remain aware of and up to date on the many state regulations that are designed to monitor and limit the use of AI in the recruiting and hiring process. For example, Illinois and Maryland both have enacted laws that require employers to disclose to job applicants if their job candidacies will be evaluated by AI tools and mandated that the employers seek prior consent from the candidates for such use.
It seems that city governments also are now getting in on the regulatory action. Earlier this month, the New York City Department of Consumer and Worker Protection (DCWP) announced, after several postponements to allow for public hearings and comment on its implementing legislation, that it will begin enforcing Local Law 144. That law, which was passed in 2021, polices the use of “automated employment decision tools” (AEDTs) by requiring such tools to be audited for bias...
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