Artificial Intelligence is becoming more prevalent in the workplace. So, it’s not surprising that the White House’s “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” addresses the use of AI at work. Although the Order itself does not have the force of law, it directs federal agencies to take certain actions and offers employers a preview of coming attractions.
The Order requires federal agencies to develop plans and proposed regulations regarding a number of AI-related issues, including job disruption, privacy, discrimination, accuracy, copyright, and data security.
- The Department of Labor must take measures to prevent AI-driven discrimination.
- Investigators at the DOL, the Department of Justice, and other federal agencies must be trained to review AI-related civil rights violation allegations, and to take appropriate action against employers for such violations.
- The Office of Federal Contractor Compliance Programs must issue AI guidance to federal contractors.
The Order also considers how AI may affect job availability. The Council of Economic Advisors must provide the White House a report of AI’s impact on the labor market, and the DOL will develop a plan to prevent unnecessary job elimination or displacement in federal agencies and assist affected workers.
Because AI often involves the use of private, sensitive, and/or copyright-protected data, the Order requires a number of safeguards to help prevent misuse of that information. For example, federal agencies must create privacy protections for individual data, and provide guidance regarding content authentication to prevent fraud.
The Order also provides a number of resources for employers, such as mentoring programs and subsidies for small businesses, and immigration reform to encourage foreign nationals with technical expertise to remain the United States and help drive the appropriate implementation of AI.
Of course, there are too many provisions in the Order to detail in this post. But you should read it, and be prepared for states and municipalities to implement similar regulations down the road.
Review the Order here.