Legislation looks to protect workers from being managed by AI, bots

No Robot Bosses Act would protect workers from 'discriminatory decisions and dangerous working conditions being set by algorithms'

Legislation looks to protect workers from being managed by AI, bots

U.S. senators have introduced two new pieces of legislation that would govern the use of artificial intelligence and bots in the workplace.

U.S. Senators Bob Casey (D-PA) and Brian Schatz (D-HI) introduced the No Robot Bosses Act last week to protect job applicants and workers from employers using automated decision systems to make employment decisions, including hiring, disciplinary actions, and firing.

The legislation would “safeguard workers’ rights, autonomy, and dignity in the workplace from discriminatory decisions and dangerous working conditions being set by algorithms,” according to the press release posted on Casey’s website.

“Right now, there is nothing stopping a corporation from using artificial intelligence to hire, manage, or even fire workers without the involvement of a human being,” Casey said. “As robot bosses become more prevalent in the workplace, we have an obligation to protect working families from the dangers of employers misusing and abusing these novel technologies.”

New York City’s new law regulating the use of automated employment decision tools (AEDTs) took effect on July 5, and employers that use AI tools to make hiring decisions must now disclose this fact to candidates.

Casey and Schatz, alongside Senator Cory Booker (D-NJ), also introduced the Exploitative Workplace Surveillance and Technologies Task Force Act to establish an interagency task force to study and report on workplace surveillance.

Google searches for the term "employee tracking software" in the United States increased to 1,600 monthly in May 2023, up from the 720 searches in June 2022, according to StandOut CV's analysis of Google data.

‘Safeguarding workers’ rights’

Several stakeholders commended the senators for the proposed legislation.

“These bills are critical to safeguarding workers’ rights,” said the advocacy organization National Employment Law Project via Facebook.

The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO)  also expressed support for the No Robot Bosses Act, which, it said, would “protect [and] empower workers” by preventing employers from relying exclusively on AI or bots to make employment decisions.  

“Working people MUST have a voice in the creation, implementation and regulation of technology,” it said via Twitter.

“We may call this AI governance, but really it's about human governance and legalizing basic ethical behavior for people who don't know the basics of being a decent human being or do and just don't care,” said Frank Gilbert, a cyberpsychology research assistant at the Norfolk State University, said via LinkedIn.

In February, Casey, Booker, and Schatz introduced the Stop Spying Bosses Act to protect workers against invasive and exploitative surveillance technologies, including data collection that interferes with union organizing.

The bill would also create a new Technology and Worker Protection Division at the U.S. Department of Labor (DOL) to enforce and regulate workplace surveillance, including novel and emerging technologies.

When employee monitoring tools are in use, IT managers see an uptick in employees quitting (28%) and difficulty hiring new employees (27%), according to a previous report.