On October 3, 2022, the White House Office of Science and Technology Policy published its “Blueprint for an AI Bill of Rights.” This adds to prior federal guidance released by the EEOC and DOJ regarding the use of AI in employment decisions.

The framework published by the White House is intended to apply to automated systems that have an impact on individuals’ “rights, opportunities, or access to critical resources or services.”

The blueprint sets forth five protections to which individuals should be entitled:

• Safe and effective systems

• Protection from algorithmic discrimination

• Data Privacy

• Notice and explain when an automated system is being used and how it impacts the individual

• Ability to opt out of automated systems and have access to people who can remedy issues

The framework is intended to assist in putting guardrails in place in the use of AI and automated systems. In conjunction with the publishing of the blueprint, the Biden-Harris Administration announced actions across the federal government to advance protections for workers and employers, students, patients, and more.

These initiatives include the Department of Labor’s release of “What the Blueprint for AI Bill of Rights Means for Workers” and its ramping of enforcement of required surveillance reporting to protect worker organizing. There are also consumer protections noted such as the Federal Trade Commission’s recent consideration of rulemaking on consumer privacy and data. And many others...

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