In light of an executive order issued by President Joe Biden, dealing with the widespread development and application of artificial intelligence (AI), employers should be conscious of several impending actions and initiatives by the Department of Labor (DOL). These span important areas such as hiring discrimination, immigration considerations, worker displacement and more.
The executive order, which covers a spectrum of potential challenges and benefits of AI usage, delegates a number of responsibilities to the DOL, which is expected to release guidance that could set standards for employers deploying AI tools. This guide is not a regulatory mandate, avoiding public notice and commentary requirements, but it is still likely to be extensive and carry significant impetus.
Among the key provisions, one aspect specifies that the DOL is to produce guidance on preventing AI-related hiring discrimination within the next year. This directive comes amid an increasing focus on AI bias in hiring, highlighted by the Equal Employment Opportunity Commission’s recent guidance and lawsuits against employers and HR vendors. Additionally, questions regarding how AI tools influence performance evaluations, compensation systems, and accommodation provisions need addressing.
Further provisions tackle AI and immigration, with the DOL tasked to issue a request for public input by December 14, to ascertain whether there is a shortage of US workers in the fields of AI and STEM (Science, Technology, Engineering, Mathematics). The outcomes could potentially lead to changes in immigration programs such as the H-1B visa program.
Protection against potential job displacement caused by AI advancements is of significant concern. The executive order necessitates a report by the DOL, due in April 2024, assessing how federal agencies could support workers displaced by technology. It is speculated that the report will form the foundation of strategies and resources regarding worker support and retraining programs.
Providing guidance on legal requirement adherence in relation to the Fair Labor Standards Act for workplace monitoring systems also falls under the purview of the DOL under this executive order. The guidance is anticipated to address workplace monitoring concerns heightened by the pandemic and the rise of AI predictive technologies.
The last key DOL provision mandates the crafting of guidance relating to AI and employee wellbeing. This directive coincides with the administration’s steadfast drive to tackle secondary effects of AI adoption by employers, which include job displacement risks, lowering labor standards, and misuse of employee data.
In summary, as the DOL addresses these multi-faceted AI challenges and benefits, its actions bear implications for issues such as discrimination, immigration, and worker displacement. Employers must navigate this regulatory landscape wisely and be ready to quickly adapt to changes.
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