The bill introduces CHAPTER 5.2, "Artificial Intelligence Use and Fair Employment Practices," to Title 28 of the General Laws, focusing on the regulation of automated decision systems (ADS) and electronic monitoring tools in the workplace. It defines key terms and outlines employer responsibilities, emphasizing that electronic monitoring must be used for legitimate purposes, such as facilitating essential job functions, ensuring quality, conducting performance assessments, and complying with laws. Employers are required to ensure that monitoring is minimally invasive, limit data collection to what is necessary, and dispose of data promptly when it is no longer needed.
Additionally, the bill mandates that employers provide prior written notice to employees and candidates about the use of monitoring tools, including details on the purpose, data collected, and how it may influence decision-making. It includes anti-retaliation provisions protecting employees from adverse actions for refusing to follow harmful outputs from automated systems and establishes civil claims for employees penalized for asserting their rights. Employers must maintain accurate records of collected data for five years and disclose any adverse employment actions based on monitoring data within 30 days.
The Department of Labor and Training and the Office of the Attorney General are tasked with creating regulations to enforce these provisions, ensuring that the use of artificial intelligence and automated decision-making systems respects privacy rights and prevents discrimination. Overall, the bill aims to create a comprehensive framework that balances employee rights with the effective use of technology by employers.