New DOL guidelines aim to balance AI benefits and worker protection

The U.S. Department of Labor (DOL) has unveiled a comprehensive set of guidelines aimed at helping developers and employers harness the potential benefits of artificial intelligence (AI) while safeguarding against the risks of worker discrimination and job displacement. Released in the past week, these guidelines align with the ongoing efforts initiated about a year ago by President Joe Biden, following his executive order aimed at assessing the implications and prospects of AI across both government and private sectors.

The executive order, signed by President Biden, initiated several key strategies, including the formation of the White House AI Council and the development of a framework for federal agencies focused on privacy protection, equitable AI use, and talent acquisition in the field. The overarching goal was to ensure a balanced approach to AI, recognising both its innovative potential and inherent risks.

President Biden previously emphasized the importance of a collective approach to effectively harness the benefits of AI while mitigating its significant risks, highlighting the need for collaboration among government, private sector, academia, and civil society.

The newly released report by the DOL—titled “Artificial Intelligence and Worker Well-being: Principles and Best Practices for Developers and Employers”—was formulated with extensive input from a diverse range of stakeholders, including workers, unions, researchers, academics, employers, and developers. This effort seeks to address AI’s potential challenges, such as discrimination, data breaches, and job displacement, while also embracing its capacity for innovation and increased productivity.

Julie Su, the Acting Secretary of Labor, reiterated the importance of these decisions, noting that how AI impacts the workplace—either through harm or opportunity—depends significantly on current actions and policies. The report stipulates eight core principles, with the primary focus being the welfare of workers. It advocates for the inclusion of workers, particularly those from underserved communities, in the AI development process, providing them a platform to contribute to design, testing, and usage decisions regarding AI systems in their workplaces. Furthermore, it suggests that unions should engage in constructive negotiations over the use of AI technology and electronic monitoring in workplaces.

Ethical AI development is another priority outlined in the guidelines. This involves training programs that incorporate worker feedback, a transparent system to appraise AI applications in the workplace, and an assurance that AI technologies do not infringe on workers’ rights or interfere with their health, safety, and protection under anti-discrimination and anti-retaliation laws.

The guidelines recommend pre-deployment audits of AI systems to evaluate possible discriminatory impacts based on various protected characteristics such as race, gender, and age. Importantly, these audit outcomes should be publicly disclosed to foster transparency.

Moreover, the guidelines encourage employers to consider the implications of AI on job opportunities prior to implementation, and if AI leads to enhanced productivity or profitability, to share these gains with employees through means such as higher wages, improved benefits, or additional training.

The document acknowledges the potential for AI to displace workers, recommending that businesses invest in training employees to use AI tools and find alternative positions for displaced workers within the organisation, wherever possible. Employers are also encouraged to collaborate with state and local workforce programs to offer education and upskilling opportunities to employees, ensuring they can adapt to new technological changes.

Finally, the guidelines stress the importance of data protection, stating that employers should only collect necessary data, safeguard it diligently, and refrain from sharing it outside the organisation without explicit consent from employees.

While the DOL’s guidelines aim to provide a strategic framework for the integration of AI in the workplace, they are not intended to supersede existing or future legal requirements. Instead, they serve as a guiding resource which businesses can adapt alongside feedback from their workforce. Su underlined the potential of AI as a powerful tool for enhancing worker well-being and emphasized the importance of designing AI systems that serve workers as beneficiaries rather than barriers to technological advancement.

Source: Noah Wire Services