Automated decision system standards

(a) Automated decision system use A developer of an automated decision system that is intended or reasonably likely to be used to make a work-related decision and each employer using such automated decision system shall— (1) take reasonable measures to prevent and mitigate any risks to workers' rights from the automated decision system that are identified by a predeployment evaluation under section 4(a) or an impact assessment under section 4(b); (2) consult stakeholders, including stakeholders representing any community that will be impacted by the automated decision system, regarding the development or deployment of the automated decision system; and (3) certify to the Director before deploying, licensing, or offering the automated decision system that, based on the results of the predeployment evaluation under section 4(a) or an impact assessment under section 4(b), use of the automated decision system is not likely to result in— (A) risk to workers’ rights, including with respect to the privacy, physical and mental health and safety, dignity, and autonomy of workers; or (B) the chilling of legally protected activity (including with respect to organizing and collective bargaining). (b) Off-Label use (1) Developers A developer of an automated decision system may not knowingly offer or license the automated decision system for use in producing outputs for purposes of any work-related decision other than those described in the predeployment evaluation under section 4(a). (2) Employers (A) In general Except as provided in subparagraph (B), an employer may not knowingly use an automated decision system to produce outputs for purposes of a work-related decision other than for purposes of a work-related decision that is described in the predeployment evaluation under such section by the developer of the automated decision system. (B) Assumption of responsibility An employer that intends to use an automated decision system to produce an output for purposes of a work-related decision that is not described in the predeployment evaluation under such section by the developer of the automated decision system shall assume the responsibilities of the developer required by this Act (other than with respect to conducting a review of assessments under section 4(c)) with respect to the use by the employer of the automated decision system.