Legal Developments Impacting Employers’ Use of Artificial Intelligence and Electronic Monitoring

As we reported in previous alerts, New York City law imposes requirements on employers who use automated employment decision tools (“AEDTs”) to make employment decisions. Following suit, the NYS Senate introduced a bill that, if passed, would restrict employers’ use of not only AEDTs, but also electronic monitoring. While there is no analogous federal requirement relating to the use of AEDTs or electronic monitoring, the EEOC has also indicated that AI is an area of interest, recently releasing guidance on the application of Title VII of the Civil Rights Act to employers’ use of AI tools.

Kate TownleySeptember 13, 2023AI, EEOC, Electronic Monitoring