4.2.25
By Jennifer Jacobus, PHRca, SDEA CEO 
With the influx on the use of AI for, well, almost everything, California has proposed a new bill, Senate Bill 7 (SB 7), known as the “No Robo Bosses Act.” This bill aims to regulate the use of Artificial Intelligence (AI) in employment decisions. This legislation seeks to ensure human oversight in critical workplace decisions and prevent potential biases associated with automated systems. While most of this (hopefully) may seem like a ‘no-brainer’, it’s worth a recap:
Key Provisions of SB 7
- Human Oversight Requirement: Employers would be prohibited from relying solely on Automated Decision-Making Systems (ADS) for employment-related decisions, including hiring, promotions, disciplinary actions, and terminations. Human involvement is mandated to ensure fairness and accountability.
- Predictive Behavior Analysis Ban: The bill seeks to prevent the use of ADS that analyze personal information to predict a worker’s future behavior, aiming to protect employee privacy and prevent potential discrimination.
- Notification and Appeal Processes: Employers would be required to provide clear, written notice to workers affected by ADS-driven decisions. Additionally, an appeal process must be established, allowing employees to challenge decisions within specified timeframes.
Businesses utilizing AI in workforce management must ensure that such systems include human oversight and do not operate autonomously in making employment decisions. HR departments may need to update internal policies to align with SB 7’s requirements, particularly concerning the integration of AI tools in decision-making processes.
It’s essential to educate HR personnel and management on the limitations and legal considerations of using AI in employment contexts to mitigate risks of non-compliance.
While SB 7 is still under consideration, its potential enactment underscores the growing emphasis on ethical AI use in the workplace. Businesses should proactively assess their current AI applications and prepare to adapt to evolving regulatory landscapes.
If you need help with policy review or development, including your handbook policies in general, call SDEA. We are HeRe with you! We are your HR Partner. www.sdeahr.org, or 858-505-0024.
