Federal Laws Still Apply Despite AI Guidance Disappearance
In a sudden policy shift, several key artificial intelligence (AI) guidance documents from the US Equal Employment Opportunity Commission (EEOC) and the US Department of Labor (DOL) have been removed from their agencies’ websites. This disappearance is particularly concerning as these documents were vital in helping employers navigate the complexities of using AI tools within the employment life cycle without violating existing employment laws.
The removal of these documents coincided with the new administration’s decision to roll back prior executive orders aimed at promoting responsible AI development and deployment. As a result, employers must now grapple with the implications of this shift.
Trump’s AI Executive Actions
On inauguration day, President Trump rescinded President Biden’s 2023 Executive Order No. 14110 on AI, which had mandated federal agencies to address safety, privacy, and discrimination concerns related to AI usage. Following this, Trump issued Executive Order No. 14179, which established a policy to “sustain and enhance America’s global AI dominance,” requiring regulators to submit action plans to achieve this goal.
These actions prompted both the EEOC and DOL to remove previously established guidance, raising concerns about the future of AI regulation in the workplace.
EEOC Guidance Removal
Under Commissioner Andrea Lucas, the EEOC has eliminated several critical documents from its website:
- The May 2023 technical assistance document on AI compliance under Title VII, which advised employers to assess AI tools for potential adverse impacts on protected groups.
- The May 2022 technical assistance document regarding potential violations of the Americans with Disabilities Act (ADA) through AI usage.
- The December 2024 fact sheet on wearable technology in the workplace, which highlighted potential ADA violations due to monitoring technologies.
Despite these removals, the agency’s Strategic Enforcement Plan for Fiscal Years 2024 – 2028 remains in effect, prioritizing the regulation of AI and technology usage in the workplace.
DOL Guidance Removal
Similarly, the DOL has removed significant guidance documents:
- An April 2024 Field Assistance Bulletin detailing how AI use could violate various federal employment laws.
- An October 2024 roadmap for best practices emphasizing AI principles aimed at worker well-being.
Moreover, the DOL’s Office of Federal Contract Compliance has also withdrawn its guidance on AI and equal employment opportunity for federal contractors, which was crucial for compliance monitoring.
Next Steps for Employers
Despite the absence of AI guidance, employers are reminded that:
- Federal, state, and local anti-discrimination laws still apply to AI usage. Employers must adhere to laws like Title VII, the Age Discrimination in Employment Act (ADEA), and the ADA, which prohibit discrimination based on protected classes.
- Monitoring state and local legislation is essential. As federal regulations become less stringent, states and local jurisdictions are stepping in to fill the regulatory gaps, with many proposing bills that impose strict auditing and transparency requirements.
- Continuing AI compliance programs is crucial. Employers should enhance their compliance measures, maintain oversight over AI tools, and ensure that employees receive training on the appropriate use of AI technologies.
As the landscape for AI regulation evolves, vigilance and proactive measures will be key for employers to navigate the complexities of AI in the workplace while adhering to legal standards.
