The U.S. Department of Labor (DOL) has underscored the importance of transparent and worker-centric implementation of artificial intelligence (AI) technologies in a guidance document released recently. Within this guidance, DOL outlined eight AI principles for developers and employers, aiming to strike a balance between the potential benefits of AI for businesses and workers while safeguarding workers against potential harm.
Central to DOL’s recommendations is the necessity for AI to be designed, developed, and trained in a manner that prioritizes worker protection. This includes the incorporation of clear governance systems, procedures, human oversight, and evaluation processes within workplace AI frameworks. DOL also emphasized the importance of respecting workers’ rights, including their right to organize, and limiting the scope and location of data collected, used, or created by AI systems.
This guidance aligns closely with President Joe Biden’s executive order from 2023, which tasked federal agencies with developing AI principles and best practices geared towards mitigating potential harms and maximizing benefits for workers. Acting Secretary of Labor Julie Su emphasized the administration’s commitment to placing workers at the forefront of AI technology development and use, aiming to enhance the quality of work and life for all workers.
Labor unions, including the Retail, Wholesale and Department Store Union, played a role in shaping DOL’s principles, providing valuable insights into the impact of AI on working people and contributing to solutions for minimizing its negative effects. Additionally, input was gathered from various stakeholders, including workers, researchers, academics, employers, and developers, through public listening sessions.
While some employers have embraced generative AI for HR processes, concerns about compliance risks remain prevalent. While most employers do not view AI as a direct threat to displacing workers, organizations like the Society for Human Resource Management have cautioned about its potential impact on various workforce priorities.
Regulation of AI in the employment context has primarily been addressed through state and local hiring laws, as well as federal efforts such as the recent guidance issued by DOL on AI’s interaction with laws like the Family and Medical Leave Act and the Fair Labor Standards Act. The Biden administration has also outlined strategies for addressing bias and discrimination in automated technologies, including AI.