California is on the verge of a significant shift in workplace regulation with the introduction of Senate Bill S.B. 7, known as the "Robot Bosses Law." This legislative proposal has gained the support of various labor and digital rights advocacy groups, who celebrate its approach to mitigating the impacts of automation abuse in the workplace.
The use of automated decision systems (ADS) by employers has become a cause for concern. These AI-based systems not only evaluate behaviors such as the candidates' body language and tone of voice, but they also predict workplace behaviors, such as the intention to organize a union or to resign. The use of algorithms to determine layoffs has led to questions about impartiality, with indications of discrimination on the basis of gender, race, and other criteria.
SB 7 would impose on employers the obligation to be transparent about the use of ADS. Before implementing such systems in workplace decision-making, they must inform workers in a clear and direct manner about the types of decisions affected, in addition to detailing how they work. Moreover, the project promotes due process for workers who face disciplinary measures or dismissals based on automated decisions, prohibiting these decisions from being the sole basis for disciplinary action.
Among other regulations, employers will be required to maintain up-to-date records of the ADS they use. The systems may not be used to violate laws or to determine whether an employee belongs to a protected class. Additionally, employees will be protected from retaliation if they exercise their rights under this new legislation.
However, legislation still faces greater challenges as other entities, such as landlords and insurers, continue to use automated decisions that often harm the interested parties. The fight for an inclusive technology free of abuse and discrimination remains paramount for numerous digital rights advocates in the state.
