An employer may not: (1) rely exclusively on an automated decision system in making an employment related decision with respect to a covered individual;

use an automated decision system output in making an employment related decision with respect to a covered individual unless: (A) the automated decision system used to generate the automated decision system output has had predeployment testing and validation with respect to: (i) the efficacy of the system; (ii) the compliance of the system with applicable employment discrimination laws, including Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), Title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.), Title II of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.), Section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)), Sections 501 and 505 of the Rehabilitation Act of 1973 (29 U.S.C. 791 and 29 U.S.C. 793), and the Pregnant Workers Fairness Act (42 U.S.C. 2000gg); (iii) the lack of any potential discriminatory impact of the system, including discriminatory impact based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age, or disability, and genetic information (including family medical history); and (iv) the compliance of the system with the Artificial Intelligence Risk Management Framework released by the National Institute of Standards and Technology on January 26, 2023, or a successor framework;

(B) the automated decision system is, not less than annually, independently tested for discriminatory impact described in clause (A)(iii) or potential biases and the results of the test are made publicly available;

(E) the employer independently corroborates, via meaningful oversight by a human with appropriate and relevant experience, the automated decision system output;

(F) not later than seven (7) days after making the employment related decision, the employer provides full, accessible, and meaningful documentation in plain language and at no cost to the covered individual on the automated decision system output, including: (i) a description of the automated decision system used to generate the automated decision system output; (ii) a description and explanation, in plain language, of the input date to the automated decision system used to generate the automated decision system output and a machine readable copy of the data; (iii) a description and explanation of how the automated decision system output was used in making the employment related decision; and (iv) the reasoning for the use of the automated decision system output in the employment related decision;

(G) the employer allows the covered individual to, after receiving the documentation described in clause (F): (i) dispute, in a manner that is accessible, equitable, and does not pose an unreasonable burden on the covered individual, the automated decision system output to a human with appropriate and relevant experience; and (ii) appeal the employment related decision to a human with appropriate and relevant experience who is not the human for purposes of the corroboration under clause (E).

Sec. 11. (a) An employer that uses or intends to use an automated decision system output in making an employment related decision with respect to a covered individual shall, in accordance with subsections (b) and (c), disclose to the covered individual: (1) that the employer uses or intends to use an automated decision system output in making an employment related decision; (2) a description and explanation of the automated decision system used or intended to be used to generate the automated decision system output, including: (A) the types of data collected or intended to be collected as inputs to the automated decision system and the circumstances of the collection; (B) the characteristics that the automated decision system measures or is intended to measure, such as the knowledge, skills, or abilities of the covered individual; (C) how the characteristics relate or would relate to any function required for the work or potential work of the covered individual; (D) how the system measures or is intended to measure the characteristics; and (E) how the covered individual can interpret the automated decision system output in plain language; (3) the identity of the covered individual or entity that operates the automated decision system that provides the automated decision system output; (4) how the employer uses or intends to use the automated decision system output in making the employment related decision; and (5) how the covered individual may dispute or appeal an employment related decision made with respect to the covered individual using an automated decision system output. (b) An employer shall provide the disclosures required by subsection (a) to a covered individual as follows: (1) In the case of a covered individual who was hired on or before July 1, 2026, the disclosure must be provided to the covered individual not later than August 1, 2026. (2) In the case of a covered individual who is hired after July 1, 2026, the disclosure must be provided to the covered individual before hiring. (c) Not later than thirty (30) days after: (1) any information provided by an employer to a covered individual through a disclosure required by subsection (a) significantly changes; or (2) any significant new information required to be provided in the disclosure becomes available; the employer shall provide the covered individual with an updated disclosure.

Sec. 12. An employer that uses or intends to use an automated decision system output in making an employment related decision with respect to a covered individual shall train any individual or entity that operates the automated decision system or uses the automated decision system output on: (1) the input information used by the automated decision system; (2) the appeals process for the automated decision system output; (3) potential biases in automated decision systems; (4) any limitations of the automated decision system; (5) any potential adverse effects to covered individuals due to the automated decision system; (6) any potential adverse effects to covered individuals due to the automated decision system; (7) any potential errors or problems related to the automated decision system; and (8) examples of inappropriate uses of the automated decision system.

Sec. 13. An employer that manages a covered individual through an automated decision system shall allow the covered individual to: (1) opt out of the management through the automated decision system; and (2) be managed through a human manager who is able to make employment related decisions with respect to the covered individual.

Sec. 14. An employer may not discriminate or retaliate, including through intimidation, threats, coercion, or harassment, against any covered individual: (1) for exercising or attempting to exercise any right provided under this chapter; or (2) because the covered individual or another individual acting at the request of the covered individual has: (A) filed a written or oral complaint to the employer or a federal, state, or local government entity of a violation of this chapter; (B) sought assistance or intervention with respect to a worker privacy related concern from the employer, a federal, state, or local government, or a worker representative; (C) instituted, caused to be instituted, or otherwise participated in any inquiry or proceeding under this chapter; (D) given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this chapter; or (E) testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this chapter.

Sec. 15. (a) The department may do the following: (1) Receive complaints regarding alleged violations of this chapter. (2) Investigate any facts, conditions, practices, or matters as the department deems necessary or appropriate to determine whether an employer has violated this chapter. (3) Require an employer to file with the department, on a form prescribed by the department, annual or special reports or answers in writing to specific questions relating to the use of an automated decision system for employment related decisions. (b) If the department requires an employer to file a report or answers under subsection (a)(3), the employer shall file the report or answers in the manner and time period required by the department. (c) An employer shall maintain, keep, preserve, and make available to the department records pertaining to compliance with this chapter.

(D) the use is designed for purposes of making the employment related decision;