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AI laws by state and locality

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Published: November 27, 2024 | Updated: November 27, 2024 | by Luke Schulz, JD, Legal Data Analyst at Brightmine

The use of artificial intelligence (AI) tools, including generative artificial intelligence (GenAI) platforms, is spreading fast in workplaces as employers and employees alike implement these tools in their everyday processes and practices. And while the legal and regulatory landscape is evolving to ensure employers implement them in a complaint and responsible manner, there is a growing patchwork of state and local laws.

For example, several jurisdictions have passed laws to prevent the discriminatory impact caused by using AI tools during the recruiting and hiring phase. These laws often address the use of facial recognition technology, automated employment decision tools or AI analysis of interviews. As employers continue to implement AI tools in their workflows, decision-making and products, it will become increasingly important to understand and comply with applicable laws and regulations.

This chart covers laws related to employment and HR; it does not cover laws that require businesses to notify consumers of their use of AI tools.

State and local AI laws

The following states and localities have current, enacted or proposed AI laws:

*These jurisdictions have proposed AI laws.

California

Bill number

Status

Description

2023 Bill Text CA A.B. 2602

Enacted

Effective January 1, 2025, employment agreements are unenforceable if a provision allows for the creation and use of a digital replica of the worker’s voice or likeness.

A 2930

Proposed

Requires deployers or developers of an automated decision system to perform an impact assessment before the system is deployed and annually thereafter and submit any impact assessment to the California Civil Rights Department

Colorado

Bill number

Status

Description

2024 Bill Text CO S.B. 205

Enacted

Effective February 1, 2026, an employer must comply with high-risk AI system standards, bias audits for AI systems in employment and insurance

Illinois

Bill number

Status

Description

Artificial Intelligence Video Interview Act, 2019 Bill Text IL H.B. 2557

Current

Employers must comply with consent and data retention policies, and must provide disclosure if they ask applicants to record video interviews and use an AI analysis of the applicant-submitted interviews.

2023 Bill Text IL H.B. 3773, amending the Illinois Human Rights Act (IHRA)

Enacted

Effective January 1, 2026, employers are prohibited from using AI in recruiting, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or terms and conditions of employment when the AI use subjects employees to discrimination based on a protected class

Maryland

Bill number

Status

Description

2020 Bill Text MD H.B. 1202

Current

Employers must be transparent and follow ethical guidelines, and obtain employee consent to use AI-based facial recognition technology in hiring.

New York – New York City

Bill number

Status

Description

NYC Administrative Code § 20-871

Current

Use of bias audits and transparency for AEDT systems in hiring and promotions.