Labor: fair employment practices; use of electronic monitoring or automated decisions tools by an employer; prohibit except for certain purposes. Creates new act.
Impact
The bill's enactment will have significant implications for state employment laws, particularly in how they govern the use of technology in workplaces. By requiring employers to conduct and submit impact assessments before the use of automated decision-making tools, the legislation seeks to mitigate biases and prevent discrimination based on protected characteristics. Furthermore, it obligates employers to retain employee data for a limited time frame and prohibits the sale of such data, thereby enhancing employee data security and privacy rights.
Summary
House Bill 5579, titled the 'Responsible Artificial Intelligence Security for Employees Act', establishes guidelines for the use of automated decision tools and electronic monitoring in the workplace in Michigan. The legislation sets forth definitions, compliance requirements, and protections aimed at safeguarding employees’ data and privacy rights. It mandates that employers provide notice to employees before implementing such tools, ensuring that employees are informed about data collection practices and have the option to opt-out if they choose not to be profiled or monitored electronically.
Contention
Notably, there are points of contention surrounding the bill, primarily regarding its effects on collective bargaining agreements. The legislation does not amend or override existing collective bargaining rights and expressly maintains that any benefits or protections covered in collective bargaining agreements that exceed the act's provisions are enforceable. Some proponents argue that the bill effectively balances the need for innovation in hiring and performance evaluation practices with essential protections for workers, while opponents may express concerns about how well such protections will be upheld against potential employer overreach.
Restricts the use by an employer or an employment agency of electronic monitoring or an automated employment decision tool to screen a candidate or employee for an employment decision unless such tool has been the subject of an impact assessment within the last year; requires notice to employment candidates of the use of such tools; provides remedies for violations.
Restricts the use by an employer or an employment agency of electronic monitoring or an automated employment decision tool to screen a candidate or employee for an employment decision unless such tool has been the subject of an impact assessment within the last year; requires notice to employment candidates of the use of such tools; provides remedies for violations.
Restricts the use by an employer or an employment agency of electronic monitoring or an automated employment decision tool to screen a candidate or employee for an employment decision unless such tool has been the subject of an impact assessment within the last year; requires notice to employment candidates of the use of such tools; provides remedies for violations.
Restricts the use by an employer or an employment agency of electronic monitoring or an automated employment decision tool to screen a candidate or employee for an employment decision unless such tool has been the subject of an impact assessment within the last year; requires notice to employment candidates of the use of such tools; provides remedies for violations.