October Tip of the Month: U.S. Department of Labor Issues Guidance on AI in the Workplace
On October 16, 2024, the U.S. Department of Labor (DOL) published new guidance on the use of artificial intelligence (AI) in the workplace (the AI Guidance).
The AI Guidance is the most recent in a spate of federal, state, and local regulatory measures aimed at governing employers’ use of AI tools, including, for example, New York City’s Local Law 144, which regulates the use of AI for hiring and promotion decisions. The AI Guidance includes a broad range of recommended best practices for employers, including that employers should (1) audit AI tools for disparate impacts across protected classes, (2) ensure that AI tools do not interfere with or monitor protected labor-organizing activities, and (3) not use AI as the sole decision-maker for significant employment decisions. Though the AI Guidance is not binding, it may serve as a framework for future enforcement actions and the development of future regulations. Accordingly, employers using or planning to use AI in the workplace should ensure that their AI tools and policies align with the AI Guidance’s recommendations.
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Before proceeding, please note: If you are not a current client of Perkins Coie, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Perkins Coie has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing or retaining a lawyer. An attorney-client relationship with Perkins Coie or any lawyer at Perkins Coie is not established until and unless Perkins Coie agrees to such a relationship as memorialized in a separate writing.