New Bill Aims to Regulate AI in Employment Decisions

Recently introduced, a bill supported by Democrats seeks to regulate the use of AI tools in workplace decision-making.

House Bill 838, spearheaded by Ohio State Representatives Ismail Mohamed and Veronica Sims, aims to prevent companies from relying solely on AI for employee screening procedures.

According to Rep. Sims (D-Akron), the intention behind this legislation is to align AI technology with modern labor laws and to ensure that such tools do not inadvertently perpetuate biases or discrimination. “It’s essential that we maintain human oversight in employment-related decisions—such as hiring, discipline, and promotions,” she emphasized.

Currently, the bill lacks specific enforcement provisions, although Rep. Mohamed has expressed willingness to consider adding such mechanisms in future revisions.

Andrew Lock, a labor and employment attorney at Green, Haines, Sgambati Co. LPA, voiced concerns about the bill’s enforceability. “The challenge lies in determining how this can be effectively enforced. One could attempt to pursue a public policy tort claim; however, past applications have predominantly focused on termination cases,” Lock explained.

The legislation mandates that employers utilizing AI tools must inform workers or potential candidates in writing at least ten days prior to implementation. Lock raised doubts regarding the practicality of this requirement, especially in situations involving discipline or termination. “If an employee is facing disciplinary action, does a ten-day notice truly allow for appropriate due process?” he queried.

Moreover, Lock indicated that the bill lacks clarity regarding the necessary human involvement in AI-related decisions. “It specifies that a human must be involved in the review process, but does not clarify the extent of that involvement. This ambiguity may ultimately require judicial interpretation,” he noted.

In summary, the sponsors of the bill acknowledge the limited recourse available to individuals affected by AI-driven decisions without legal avenues. Nonetheless, Rep. Mohamed asserts that this legislation sets the groundwork for future developments as it progresses. Rep. Sims added that the bill aims to enhance transparency in the decision-making processes pertaining to hiring and promotions, asserting, “This is a common-sense approach that will benefit both Ohioans and employers alike.”