AI workplace protections — State comparison

While there is currently no federal law specifically regulating the use of artificial intelligence (AI) in employment decisions, employers who adopt AI or algorithmic tools must ensure these technologies do not inadvertently introduce bias. Improper use could lead to violations of existing anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin.

As AI becomes increasingly common in workplace decision-making, state legislatures across the U.S. are deliberating how and whether to regulate its use. While only about a dozen states currently have enacted laws or issued guidance memos that affect employers’ use of AI in employment decisions, many more states have actively considered legislation related to AI and algorithmic decision-making tools in recent years.

Given the rapid pace of technological change and legislative activity, employers should stay informed about developments in their own states. Proactive compliance with emerging regulations, such as bias audits, transparency requirements, and consent protocols, will be essential to mitigate risk and ensure fair, responsible use of AI in employment practices.

Federal regulatory citation

Title VII of the Civil Rights Act — ezExplanation

State comparison

Some states have laws regarding the use of AI in hiring and employment decisions, and some have published guidance for employers using AI. Use the table below to determine whether your state has additional requirements.

Note: Many states have their own civil rights laws that may impose stricter requirements than federal regulations. For example, some states expand the list of protected classes beyond those covered by Title VII. Employers should be aware of these state-specific protections when assessing potential bias risks in hiring and other employment practices.