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Dive Summary:
- Employers must apply artificial intelligence technologies transparently and with the “genuine input” of workers and their representatives, the US Department of Labor said in a recently published guidance document.
- The DOL included these elements in a set of eight “AI Principles for Developers and Employers.” The agency said the guidance would create a roadmap for balancing the potential benefits of artificial intelligence for businesses and workers while protecting workers from potential harm.
- The DOL specifically recommended that AI be designed, developed, and trained in a way that protects workers, and that employers have “clear governance systems, processes, human oversight, and evaluation processes” for AI in the workplace. The agency also warned that AI should not infringe on workers’ rights, including the right to organize, and that any data collected, used or generated by AI systems is limited in scope and location.
Dive Insight:
The guidance document is a direct follow-up Executive order by President Joe Biden in 2023 directing federal agencies to develop AI “principles and best practices” specifically aimed at mitigating potential harms and maximizing benefits to workers. The DOL confirmed the connection between the two documents in a press release Tuesday.
“Workers must be at the center of our nation’s approach to the development and use of AI technology,” Deputy Labor Secretary Julie Su. he said in the statement. “These principles announced today reflect the Biden-Harris administration’s belief that, in addition to complying with existing laws, AI should also improve the quality of work and life for all workers.”
The guidance was drawn, at least in part, from the input of labor unions. In an email to HR Dive, the Retail, Wholesale and Department Store Association said it had “contributed to the reasoning” of the DOL’s principles and said the guidance provides “a useful framework for understanding artificial intelligence and the scope of its impact on employees and guiding solutions to reduce its effects”.
The DOL said it also gathered input from workers, researchers, academics, employers and developers through public hearing sessions before issuing the guidance.
A recent Littler Mendelson survey of US employers showed that while a fairly large share used genetic artificial intelligence for HR processes, almost an equal number had not. Compliance risks were a key concern for respondents, the law firm said.
While most employers in Littler’s survey said they are not concerned about AI displacing workers, other organizations — including the Society for Human Resource Management — have warned that AI could impact a myriad of workforce prioritieshead numbers are included.
So far, the regulation of artificial intelligence in the context of employment has been done by several state and local employment laws as well as some federal efforts. Just weeks ago, the DOL issued separate guidance with details The potential interaction of AI with laws such as the Family and Medical Leave Act and the Fair Labor Standards Act. In 2022, the Biden administration released a plan to address bias and discrimination by automated technologies, including artificial intelligence.