Thus, now is a good time to consider conducting an independent audit of your AI and algorithm-based tools to help eliminate any bias. 3. REVIEW THE WHITE HOUSE BLUEPRINT FOR AN AI BILL OF RIGHTS Last year, the White House Office of Science and Technology Policy released its “Blueprint for an AI Bill of Rights,” a non-binding 73-page whitepaper intended to support the development of policies and practices that protect civil rights and promote democratic values in the building, deployment and governance of automated systems. This blueprint includes five key principles to help protect Americans in the age of artificial intelligence, and employers would be wise to consider them when developing their own policies and practices. The blueprint is designed to support policies and practices to protect individuals’ rights in the development and use of automated systems. For businesses, however, this is a strong sign from the White House that it is taking artificial intelligence seriously. It is also an indication that future — and significant — legislation surrounding artificial intelligence will likely be proposed at the federal and state levels. Businesses should stay abreast of these developments to ensure that their practices are in compliance with applicable rules and regulations governing artificial intelligence. For more on this point, read our Insight about the five key principles you should incorporate. 4. MONITOR FOR NEW STATE AND LOCAL LAWS You should also note that states and localities are beginning to scrutinize the use of AI in the workplace. For example, a law that went into effect on Jan. 1, 2023, in New York City, requires employers to get a “bias audit” for all automated employment decision tools. This is an impartial evaluation by an independent auditor that tests, at minimum, the tool’s disparate impact upon individuals based on their race, ethnicity and sex. This law also contains strict notice and disclosure requirements. Additionally, there are currently proposed laws in California, Washington, D.C. and Colorado. You should anticipate that many other states and cities will adopt similar requirements for bias audits. CONCLUSION If you have questions about the best ways to maximize the value of AI in your workplace while reducing legal, ethical and reputational risks, contact your Fisher Phillips attorney, the authors of this Insight, or any attorney on our Artificial Intelligence Practice Group. We will continue to monitor further developments and provide updates on this and other workplace law issues, so make sure you are subscribed to Fisher Phillips’ Insight System to gather the most up-to-date information. The Fisher Phillips Automotive Dealership Team has represented automobile and other vehicle dealers and dealer groups nationwide for over half a century. When you call us for advice, you instantly tap into decades of experience dealing with your industry and the resources of a firm exclusively devoted to labor and employment law. Our long and close association with the retail automobile industry uniquely positions us to help you solve your employee problems with minimal disruption. Call us today at (858) 597-9600. The time is ripe for you to review your policies and practices and consider performing an AI audit to flag and address potential biases in your systems. NCDA.COM 13
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