Federal government takes steps toward regulating artificial intelligence

Because of the complexities and wide-ranging effects of artificial intelligence (AI), the Biden administration and Congress have cautiously approached regulating the technology. At this juncture, it isn’t clear which administrative agency and/or legislators will take the lead on regulating AI in the workplace at the federal level. However, there are recent developments in the form of new guidance for the Department of Labor (DOL) and an AI legislative blueprint from a bipartisan group of senators led by Senate Majority Leader Chuck Schumer (D-NY) that show movement towards regulating the technology.

Agency action

Last October, President Joe Biden signed Executive Order (EO) 14110 on “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” The EO advocated a uniform approach to regulating AI and issued AI-related mandates to numerous federal agencies. As detailed in the EO’s fact sheet, the DOL was directed to “develop principles and best practices to mitigate the harms and maximize the benefits of AI for workers by addressing job displacement; labor standards; workplace equity, health, and safety; and data collection.” Additionally, the EO instructed the DOL to “publish guidance for Federal contractors regarding nondiscrimination in hiring involving AI and other technology-based hiring systems.”