U.S. Senators Introduce Legislation to Protect Workers from Automated Employment Decision Systems

In a proactive move to safeguard workers’ rights and protect them from discriminatory practices, U.S. Senators Bob Casey (D-PA) and Brian Schatz (D-HI) recently introduced the No Robot Bosses Act. This legislation aims to address concerns over the increasing use of automated decision systems by employers in making employment decisions. Alongside this act, the senators also introduced the Exploitative Workplace Surveillance and Technologies Task Force Act, which seeks to study and report on the impact of surveillance technologies in the workplace.

Concerns over the use of automated decision systems

One of the primary motivations behind the No Robot Bosses Act is to protect workers’ rights, autonomy, and dignity. With the rise of automated decision systems, there is growing concern that employers may rely solely on algorithms to make employment decisions, such as hiring, managing, or even firing workers, without involving human oversight. This lack of human involvement raises questions about potential discrimination, lack of transparency, and the erosion of worker agency.

New York City’s law on regulating automated employment decision tools

New York City recently took a step towards addressing the use of automated employment decision tools (AEDTs). Under the city’s new law, which came into effect on July 5, employers must now disclose if they use AI tools to make hiring decisions. This disclosure requirement aims to bring transparency to the process, providing job applicants with the knowledge that their application was evaluated, at least in part, by an algorithm.

Introduction of the Exploitative Workplace Surveillance and Technologies Task Force Act

In addition to the No Robot Bosses Act, Senators Casey, Schatz, and Cory Booker (D-NJ) have introduced the Exploitative Workplace Surveillance and Technologies Task Force Act. This act focuses on the growing use of surveillance technologies in workplaces and establishes an interagency task force to study and report on its impact. The goal is to gain a better understanding of how these technologies may infringe upon workers’ rights and privacy.

Increase in Interest in Employee Tracking Software

The need to address workplace surveillance technologies is evident in the growing interest in employee tracking software. Recent statistics indicate that Google searches for the term “employee tracking software” in the United States increased from 720 monthly in June 2022 to 1,600 monthly in May 2023. This surge in interest highlights the urgency to establish regulations and protect workers from the potential misuse of surveillance technologies.

Aims of the proposed legislation

The No Robot Bosses Act seeks to establish clear regulations and transparency requirements around the use of AI and bots in employment decisions. By doing so, it aims to address concerns of potential algorithmic bias and discrimination, ensuring that workers are treated fairly throughout the hiring and employment process. The legislation intends to strike a balance between the benefits of automation and the protection of worker rights, dignity, and agency.

The introduction of the No Robot Bosses Act and the Exploitative Workplace Surveillance and Technologies Task Force Act demonstrates a commitment to protecting working families from the dangers posed by the misuse and abuse of novel technologies in the workplace. These acts aim to establish regulations, transparency, and oversight mechanisms to ensure that automated decision systems are used responsibly and do not infringe upon workers’ rights. As technology continues to advance, it is crucial that lawmakers remain vigilant in safeguarding workers’ autonomy and dignity in the face of automation.

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