WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a) "Artificial intelligenceArtificial intelligence"Artificial intelligence" as used in this subdivision means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, and decisions that can influence physical or virtual environments.Minn. Stat. § 363A.08, subd. 9(a)" as used in this subdivision means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, and decisions that can influence physical or virtual environments.
(b)(1) 1 It is an unfair employment practice, with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or the terms, privileges, or conditions of employment, for an employer to: (1) use artificial intelligenceArtificial intelligence"Artificial intelligence" as used in this subdivision means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, and decisions that can influence physical or virtual environments.Minn. Stat. § 363A.08, subd. 9(a) that has the effect of subjecting an employee or applicant for employment to discrimination because of race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, familial status, membership or activity in a local commission, disability, sexual orientation, or age;
(b)(2) 2 fail to provide notice to an employee or applicant for employment that the employer is using artificial intelligenceArtificial intelligence"Artificial intelligence" as used in this subdivision means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, and decisions that can influence physical or virtual environments.Minn. Stat. § 363A.08, subd. 9(a) for the purposes described in clause (1).
This new subdivision adds two AI-specific unfair employment practices to Minnesota's existing anti-discrimination framework. Paragraph (a) defines artificial intelligence using the OECD-aligned formulation common in recent state legislation. Paragraph (b) establishes two distinct obligations: clause (1) prohibits employer use of AI that has a discriminatory effect across the full range of employment decisions — from recruitment through termination — on the basis of Minnesota's protected characteristics; clause (2) requires employers to notify employees and applicants when AI is being used for those employment purposes.
The discriminatory-effect standard is notable because it does not require intent — the employer's use of AI need only have the effect of subjecting an individual to discrimination. The notice obligation is tied to the employment purposes described in clause (1), meaning it applies whenever AI is used in recruitment, hiring, promotion, renewal, training selection, discharge, discipline, tenure, or terms and conditions of employment. The bill does not prescribe the form, timing, or content of the required notice.