The bill introduces CHAPTER 5.2, "Artificial Intelligence Use and Fair Employment Practices," to Title 28 of the General Laws, establishing a comprehensive regulatory framework for the use of artificial intelligence and electronic monitoring tools in the workplace. It defines key terms related to automated decision systems (ADS) and outlines employer responsibilities regarding the use of these technologies.

Employers are required to ensure that electronic monitoring is conducted for legitimate purposes, such as facilitating essential job functions, ensuring quality, conducting performance assessments, and complying with laws. The monitoring must be minimally invasive, with data collection limited to what is necessary, and any unnecessary data must be promptly disposed of. Employers must provide prior written notice to employees and candidates about monitoring practices, detailing the purpose, specific data collected, and how it may be used in decision-making processes.

The bill includes provisions to protect employee rights, such as maintaining accurate records of collected data for five years and prohibiting invasive monitoring practices, including the use of facial recognition and monitoring of private areas. Employers must disclose any adverse employment actions based on monitoring data within 30 days and conduct impact assessments of their monitoring practices to evaluate compliance with applicable laws and potential impacts on employee privacy and job quality.

Anti-retaliation measures are included to protect employees from termination, disciplinary action, or other adverse employment actions for refusing to follow harmful outputs from automated systems, provided certain conditions are met. The Department of Labor and Training and the Attorney General's office are tasked with promulgating regulations to enforce these provisions, ensuring compliance with privacy rights and preventing discrimination. The act will take effect upon passage.