For one seemingly overnight, several major artificial intelligence (AI) guidance documents from the US Employment Opportunity Committee (EEOC) and the US Department of Labor (DOL) have disappeared from the agency’s website on AI use in the workplace. . These documents were the result of multi-year efforts to provide employers with guidance on how to use AI tools in their employment lifecycle without violating employment laws. The removal of these documents follows the rollback of President Joe Biden’s executive order, which effectively halted federal efforts to prioritize the development and deployment of “responsible AI.” did. This alert outlines President Donald Trump’s latest executive action on AI, notes the deleted AI-related guidance and outlines important implications for future employers.
Trump’s AI Executive Action
On inauguration day, Trump quickly retracted Biden’s 2023 Executive Order 14110 to AI (Biden AI Order). . A few days later, Trump’s Executive Order 14179 establishes a policy to “maintain and strengthen America’s global AI control” and submits a “plan of action” to certain regulators to achieve this policy. I requested that it be. The agency is also ordered to consider “policies, directives, regulations, orders and other litigation” enacted under Biden’s AI order and suspend if it contradicts the new “AI control” policy. I did. On January 23, 2025, the White House fact sheet reaffirmed the country’s “AI leadership” as a top priority, criticizing Biden’s approach as being overly restrictive and detrimental to innovation.
These executive actions spurred EEOC and DOL and removed certain guidance from previous management outlined below.
Eeoc
After Commissioner Andrea Lucas became EEOC’s acting chairman, the following documents have been removed from the agency’s website:
The May 2023 Technical Assistance Document on AI Compliance Issues Under Title VII advises employers to assess AI tools for potential negative impacts on any group protected under Title VII . The May 2022 Technical Support Document (and related “Tips for Workers” document) is disrupted through the use of AI, including inappropriate “screening out” of individuals with disabilities through AI decision-making tools. Documents relating to potential violations of the Persons with Persons with Persons with Persons with Persons with Persons with Persons with Persons (ADA)) (Inquiries about such disability. The December 2024 fact sheet, “Wearables in the Workplace: Use of Wearables and Other Surveillance Techniques Under the Federal Employment Discrimination Act,” is a feature that includes tracking technologies built into wearable devices (e.g. employee location, heart rate, and Track electrical brain activity. Or fatigue (or fatigue) could violate the ADA.
The agency’s strategic enforcement plan for 2024-2028, where employers prioritize regulating the use of employers’ technology (including AI and machine learning) through enforcement, will be subject to a quorum of commissioners to change or cancel it. It should be noted that it is valid until it is possible.
dol
DOL has deleted certain guidance documents from websites such as:
April 2024 AI use violated federal employment laws such as the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), providing emergency mother protection to the Nursing Mothers Act (Pump Act). Field Assistance Breaking News, which outlines how to violate methods, is even in the Employee Polygraph Protection Act (EPPA). October 2024, Best Practice Roadmap for Developers and Employers. The document highlighted employers’ use of AI for the benefit of workers and encouraged responsible data use and employment protection.
Similarly, DOL’s Federal Contract Compliance Office (OFCCP) removed its April 2024 guidance, “Equal Opportunities for Artificial Intelligence and Federal Contractor Employment Opportunities” from its website. The guidance warned federal contractors of compliance obligations to use AI and the need to monitor whether AI and automated systems will adversely affect protection groups.
Employer’s Next Steps
Despite the removal of AI guidance, employers should keep in mind:
Federal, state and local anti-discrimination laws still apply to AI use.
Employers still need to comply with countless federal and state anti-discrimination laws that govern the use of AI tools in the workplace, such as Title VII, the Age Discrimination Act of Employment (ADEA), and ADA. These laws prohibit discrimination. Discrimination includes not only obvious discrimination, but also practices that result in different treatments of protected classes and different outcomes (different effects) of protected classes. Additionally, if AI tools are used to track or monitor employees, the FLSA and other employment laws will remain in place.
Many state and local jurisdictions have enacted more protective anti-discrimination laws and implement certain AI regulations. In particular, Colorado SB 24-205 and Illinois HB 3773, effective in 2026, impose requirements for AI technology used in the workplace. Colorado law (applied to both AI technology developers and employers as “deployers” of such technology) is essentially when making consequential decisions using high-risk AI systems. It is mandatory to require that items include those that contain factors such as: When making employment decisions. Employers using these systems must perform an annual impact assessment and comply with certain transparency obligations designed to protect against algorithmic discrimination. Illinois laws amend the state’s human rights laws to prohibit the use of AI tools to cause discrimination. This includes using AI tools to exclude applicants from specific ZIP codes. Other jurisdictions, including New York City and Maryland, have also enacted AI governance laws that affect employers who impose audit, transparency and consent requirements for AI use.
Be aware of state and local jurisdictional laws to close the enforcement gap.
Recent executive orders show a significant policy shift from the previous administration’s focus on the use of “responsible AI” to the new administration’s “AI dominance” policy. This federal government will leave state and local jurisdictions to bridge regulatory gaps as it moves to more sworn approaches. The legal pipeline is filled with bills that seek to regulate employers’ use of AI tools. Some pending invoices use AI to impose audit/notice, policy, reporting and transparency requirements on employers, and impose large penalties for violations. Discrimination in most target algorithms also addresses other expected effects from using AI in the workforce, including worker displacement. For example, New York Governor Kathy Hochul proposed a plan to “support workers who have been evacuated to AI.” This includes directives to the state Department of Labor to require businesses to submit notifications of workers layoffs in the worker coordination and retraining system. Layoffs are related to the use of AI in your business.
Employers must remain vigilant given the spread of national and local AI laws.
We will continue our AI compliance program.
Given the ongoing state and local efforts to regulate AI use, employers need to continue to consider and strengthen existing compliance programs. It is important for employers to establish a process to oversee the AI tools being implemented. Employees and leadership should be trained in the proper use of AI technology in the workplace. Maintaining human monitoring of AI use can help reduce risk, prevent unintended consequences, and address distrust and employee morale issues caused by AI tools (and possibly overdependence) Masu.
