Amendment #247 to H4789

AI in Hiring Practices Commission

Mr. Straus of Mattapoisett moves to amend the bill by adding the following sections

"SECTION XXX: Notwithstanding any general or special law to the contrary, any employer that makes use of artificial intelligence for the screening of applicants for an employment opportunity or a job posting within the commonwealth shall plainly disclose the use of said artificial intelligence in bold lettering on the posting and the application to be completed by a prospective applicant. An employer’s failure to disclose such use of artificial intelligence in the applicant screening process shall be punishable by a fine of not less than $500 per day accruing from the posting of the advertised position until the failure to disclose is remedied or the posting is taken down.

SECTION XXX: There shall be a special commission on the usage of artificial intelligence in employment opportunities to investigate, study and make recommendations on an employer’s use of artificial intelligence in screening applicants for employment opportunities within the commonwealth.

The commission shall consist of: the secretary of technology services and security, or a designee who shall serve as chair; the secretary of labor and workforce development or a designee; the chief executive officer of the Greater Boston Chamber of Commerce; a member of the House of Representatives to be appointed by the Speaker; a member of the House of Representatives to be appointed by the minority leader of the House; a member of the Senate to be appointed by the Senate President; a member of the Senate to be appointed by the minority leader of the Senate and four members to be appointed by the governor,  one of whom shall be an expert in artificial intelligence systems, one of whom shall be an expert in employment law, one of whom shall be a member of an historically disadvantaged community with a background in business, and one of whom 1 of whom shall be selected from a list of 3 persons recommended by the president of the Massachusetts State Labor Council, AFL-CIO.

The commission shall study (i) the use of artificial intelligence by employers to screen applicants; (ii) the disparate impact, if any, artificial intelligence has on protected classes or otherwise historically disadvantaged applicants; (iii) best practices in the use of artificial intelligence to limit disparate impact; and (iv) other relevant topics of the commission’s choosing. The commission shall produce a report by January 1, 2026 with findings and recommendations on the use of artificial intelligence in the applicant screening process, along with any recommendations and proposals for legislation to be filed with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on labor and workforce development.

SECTION XXX: The imposition of fines under section xxx shall take effect January 1, 2025."

Additional co-sponsor(s) added to Amendment #247 to H4789

AI in Hiring Practices Commission