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## Artificial Intelligence

The U.S. Equal Employment Opportunity Commission (EEOC) adopted its 2024-2028 strategic enforcement plan on Sept. 21. In this plan, the EEOC acknowledges the increasing use of artificial intelligence (AI) by employers, particularly in targeting job advertisements, recruiting applicants, and making hiring decisions.

To tackle “technology-related employment discrimination,” the EEOC states that it will focus on employment decisions, practices, or policies where the use of technology by covered entities contributes to discrimination based on a protected characteristic. This includes the use of software that incorporates algorithmic decision-making or machine learning (including AI), automated recruitment and selection tools, and other technological tools used in employment decisions.

On Oct. 30, President Joe Biden issued an executive order that addresses the development and use of AI across various areas such as commerce, employment, and national security. The order establishes eight principles to guide policy development, including the principle that AI should not be deployed in ways that undermine rights, worsen job quality, encourage undue worker surveillance, lessen market competition, introduce new health and safety risks, or cause harmful labor-force disruptions.

The executive order mandates the secretary of labor to collaborate with other agencies and stakeholders within 180 days to develop and publish principles and best practices for employers. These best practices, though not legally binding, can shape how courts interpret existing laws in AI-related cases and influence future AI-related regulations and legislation at the federal and state levels.

As part of the order, workplace AI best practices should address steps employers should consider in relation to the displacement of jobs, creation of career opportunities, and the use of AI in evaluating applicants and workers. Additionally, the implications of AI on employer compliance with labor standards, protected worker activity, compensation, workplace health and safety, and the collection and use of data about workers should also be considered. The Department of Labor and other federal agencies are directed to consider turning these best practices into guidelines for programs under their jurisdiction.

The secretary of labor is also required to provide guidance to employers using AI to “monitor or augment” employee work on how they can use AI without violating federal laws regarding employee compensation.

In California, there may be forthcoming measures from legislators and regulators that restrict how employers can use AI. These measures may build upon the work initiated by Governor Gavin Newsom’s executive order on September 6, which directs state agencies to study the development, use, and risks of generative AI within state government.

The AI legalese decoder can play a vital role in this situation. It can help in deciphering complex legal language and regulatory requirements related to AI. By translating legalese into plain language, the AI legalese decoder can assist employers in understanding and implementing the principles and best practices outlined by the EEOC, President Biden’s executive order, and potential future laws and regulations. This decoding tool can bridge the gap between legal complexities and practical application, ensuring that employers navigate the evolving landscape of AI in a compliant and ethical manner.

## Caste Discrimination Measure Vetoed

Previously, we discussed SB 403, a bill pending in the California state legislature, which aimed to prohibit caste discrimination under the California Fair Employment & Housing Act. In our previous column, we questioned the necessity of a separate claim for caste discrimination when claims of race or national origin discrimination already exist for individuals not of South Asian descent.

On October 7, Governor Newsom vetoed the measure. In his veto message, Newsom stated that California already prohibits discrimination based on various protected characteristics, including caste, under existing categories such as sex, race, color, religion, ancestry, national origin, disability, gender identity, and sexual orientation. According to Newsom, the bill was unnecessary due to these existing protections.

Senator Aisha Wahab, the sponsor of the measure, responded to the veto by expressing her commitment to fighting for a balance of power and supporting vulnerable Californians. It remains uncertain whether Wahab, a Democrat, will reintroduce the measure. Until then, the courts will likely play a role in determining whether caste discrimination is indeed prohibited under existing law, providing further clarity on this issue.

As the law surrounding caste discrimination unfolds, the AI legalese decoder can be a valuable tool in helping individuals understand and navigate the complex legal landscape. By providing clear and concise explanations of legal concepts and regulations related to discrimination, the AI legalese decoder can empower individuals to protect their rights and advocate for a fair and inclusive workplace.

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