Blueprint for an AI Bill of Rights May Forecast Future Regulation

The White House’s Office of Science and Technology Policy (OSTP) unveiled a “Blueprint for an AI Bill of Rights” on October 4, 2022. The Blueprint presents non-binding recommendations for the design, use and deployment of artificial intelligence (AI) and automated systems affecting individual rights, opportunities or access to critical resources or services. Employers have been increasingly using AI and automated decision-making systems to screen job candidates, provide employee self-service tools, and evaluate and assess employee job performance. The technology can increase efficiency, improve quality and reduce errors.

The Blueprint’s primary focus, however, is on broad guidelines to mitigate or address the potential negative effects of these technologies, for example, algorithms used for hiring decisions that may reflect existing biases and discrimination. The Blueprint outlines how regulators may view the use of AI and automated systems and forecast key concepts, such as notice, auditing and human alternatives, that may be expected in forthcoming federal or state regulation or legislation. Employers using AI and automated systems should watch federal and state developments regarding these tools. They may also want to take into consideration how to establish compliance guardrails to mitigate legal risks when designing or implementing new systems.