Biden Issues Executive Order on AI

Oct 30, 2023

On Monday, October 30th, President Biden signed a wide-ranging executive order directing numerous federal agencies to take targeted actions regarding Artificial Intelligence ("AI"). The executive order, entitled Executive Order on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the "EO"), focuses in part on the use of AI in the workplace, though it covers other areas of concern such as cybersecurity and housing discrimination. 


As is summarized in the Fact Sheet issued by the White House, the EO directs the Department of Labor ("DOL") to "[d]evelop principles and best practices to mitigate the harms and maximize the benefits of AI for workers by addressing job displacement; labor standards; workplace equity, health, and safety; and data collection." 


Some of the other specific actions called for in the EO relating to the workplace include:


  • Requiring the DOL to issue guidance to federal contractors on how to prevent AI and other technologies from causing hiring discrimination.
  • Directing the Department of Justice and Federal civil rights offices to combat algorithmic discrimination through training, technical assistance, and coordination on best practices for prosecuting civil rights violations caused by AI. 
  • Directing DOL to issue a report outlining how the federal government can help workers displaced by AI and other technological advancements. This includes examining current laws and "identify[ing] options, including potential legislative measures, to strengthen or develop additional Federal support for workers displaced by AI[.]"


This EO represents significant action on the part of the Biden Administration to respond to public calls for action on AI but it is not an enforceable regulation. Employers should monitor the actions taken by federal agencies in response to the White House’s call to action and the growing focus in the U.S. Senate on AI legislation from Senator Chuck Schumer (D-NY) and others.


FortneyScott will continue to monitor these developments and provide updates as appropriate.

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