April 13, 2023
With the rapid proliferation of artificial intelligence across industries and sectors, state legislatures have taken notice.
In the past few months alone, there has been a flurry of action at the state government level, including Connecticut, Illinois and Texas introducing bills to create government task forces to study AI, Massachusetts proposing an act drafted with ChatGPT to regulate generative AI models and at least four proposed bills governing automated-decision-making tools in employment.
While many of these states are only starting to dip their toes into the regulatory ring in this space, California has been steadily building its foundation for over a year and is positioning itself as a key regulator of AI in employment. Indeed, there have been a number of noteworthy proposals in California focused on automated-decision-making tools.
This article focuses on two of California’s recent proposals — regulations from the California Civil Rights Council and Assembly Bill 331 — and five things employers should know about them.
Reproduced with permission. Originally published by Law360, New York (April 12, 2023).
Gibson Dunn’s lawyers are available to assist in addressing any questions you may have regarding these developments. Please contact the Gibson Dunn lawyer with whom you usually work, any member of the firm’s Labor and Employment practice group, or the authors:
Cassandra L. Gaedt-Sheckter – Palo Alto (+1 650-849-5203, [email protected])
Danielle J. Moss – New York (+1 212-351-6338, [email protected])
Emily Maxim Lamm – Washington, D.C. (+1 202-955-8255, [email protected])