On July 20, 2023, U.S. Senators Bob Casey (D-PA) and Brian Schatz (D-HI) introduced the “No Robot Bosses Act.” Other than bringing to mind a catchy title for a dystopic science fiction novel, the bill aims to regulate the use of “automated decision systems” throughout the employment life cycle and, as such, appears broader in scope than the New York City’s Local Law 144 of 2021, about which we have previously written, and which New York City recently began enforcing. Although the text of the proposed federal legislation has not yet been widely circulated, a two-page fact sheet released by the sponsoring Senators outlines the bill’s pertinent provisions regarding an employer’s use of automated decision systems affecting employees and would:

• prohibit employers’ exclusive reliance on automated decision systems;
• require pre-deployment and periodic testing and validation of automated decision systems to prevent unlawful biases;
• require operational training;
• mandate independent, human oversight before using outputs;
• require timely disclosures of use, data inputs and outputs, and employee rights with respect to the decisions; and
• establish a regulatory agency at the U.S. Department of Labor (“DOL”) called the “Technology and Worker Protection Division.”

The bill does not define with specificity “automated systems,” nor does it define or limit the term “employment decision.” The fact sheet, however, sets forth examples of automated systems potentially subject to the “No Robot...

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