Joint Statement on Enforcement of Civil Rights, Fair Competition, Consumer Protection, and Equal Opportunity Laws in Automated Systems

On April 3, 2024, the Consumer Financial Protection Bureau, Department of Justice’s Civil Rights Division, Equal Employment Opportunity Commission, Federal Trade Commission, Department of Education, Department of Health and Human Services, Department of Homeland Security, Department of Housing and Urban Development, and Department of Labor (the “Agencies”) issued a joint statement on the Enforcement of Civil Rights, Fair Competition, Consumer Protection, and Equal Opportunity Laws in Automated Systems (the “Statement”).  The Agencies acknowledge that artificial intelligence and automated systems may offer significant efficiencies and cost savings. However, they also highlight the risks these technologies pose, including the potential for perpetuating unlawful biases, automating potential discrimination, and potentially causing a myriad of other harmful effects. They define “automated systems” broadly to mean “software and algorithmic processes, including AI, that are used to automate workflows and help people complete tasks or make decisions.” In the Statement, the Agencies affirm that their enforcement authority extends to these technologies and commit to applying existing laws to automated systems and ensuring responsible development of automated systems in compliance with the law.  

Employers are encouraged to work with their labor counsel to ensure that automated systems are not employed that may run afoul of the Statement.