Relating to automated decision systems used by employers

This bill relates to automated decision systems used by employers. The bill requires an employer to provide a written notice that an automated decision system, as defined in the bill, is in use for the purpose of making employment-related decisions, other than hiring decisions, at the workplace to an employee who will foreseeably be directly affected by the automated decision system. The bill specifies the time period, content, and format of such notices. If an employer will use an automated decision system in making hiring decisions for a position, the bill requires the employer to notify an applicant for the position, upon receiving the application, that the employer utilizes an automated decision system when making hiring decisions. The bill specifies various prohibited uses of automated decision systems by employers relating to employee rights. When an employer relies primarily on output from an automated decision system to make a discipline, termination, or deactivation decision, the bill requires the employer to use a human reviewer to review the automated decision system output and compile and review other specified information that is relevant to the decision, if any. The bill prohibits an employer from using customer ratings as the only or primary input data for an automated decision system to make employment-related decisions. The bill requires an employer that primarily relied on an automated decision system to make a discipline, termination, or deactivation decision to provide the affected employee with a written notice at the time the employer informs the employee of the decision. The bill specifies the content and format of the notice. The bill provides that an employee shall have the right to request a copy of the most recent 12 months of the employee’s own data primarily used by an automated decision system to make a discipline, termination, or deactivation decision. An employer shall provide a copy upon request. An employee is limited to one such request every 12 months. For purposes of safeguarding the privacy rights of consumers, employees, and individuals, when an employer is required to provide employee data pursuant to the bill, the employer is required to provide the data in a manner that anonymizes the personal information of any customer, employee, or other individual. The bill prohibits an employer from discharging, threatening to discharge, demoting, suspending, or in any manner discriminating or retaliating against any employee for using or attempting to exercise the employee’s rights under the bill, filing a complaint alleging a violation of the bill, cooperating in an investigation or prosecution of an alleged violation, or taking any action to invoke or assist in any manner the enforcement of the bill. The bill is enforced by the department of inspections, appeals, and licensing (department). Such enforcement may include but is not limited to investigating alleged violations, ordering appropriate temporary relief to mitigate a violation, issuing a citation against an employer who violates the bill, conducting contested case hearings if requested, and bringing a civil action for enforcement. An employer who violates the bill shall be subject to a civil penalty of $500, collectible by the department. A person subject to a violation of the bill may bring an action in district court for appropriate temporary or preliminary injunctive relief, including punitive damages, and reasonable attorney fees and court costs. The department may bring such an action on the person’s behalf with the person’s consent. The bill shall not be construed to prohibit any employer from complying with regulatory or contractual requirements in the provision of products or services to the federal government.