Labor & Employment Law Daily Wrap Up, FEDERAL LEGISLATION—Reintroduced bill seeks to protect against bias, discrimination resulting from AI use in decision-making, (Dec 8, 2025)
Organizations Mentioned:AFL-CIO
By Patricia K. Ruiz, J.D.
The AI Civil Rights Act has been endorsed by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO).
The “Artificial Intelligence Civil Rights Act,” legislation reintroduced by U.S. Senator Edward J. Markey (D-MA) and U.S. Representative Yvette Clarke (D-NY), seeks to prevent discrimination by companies through the use of AI in decision making, ensure such algorithms are tested before and after deployment, and increase transparency of the complex algorithms used for critical decisions. The comprehensive legislation includes protections surrounding the use of AI in consequential actions relating to employment, education, and training.
Covered actions. The AI Civil Rights Act “will place strict, strong, and unambiguous guardrails on the creation and use of artificial intelligence,” said Clarke. The bill focuses on the use of AI in taking consequential action related to employment, including hiring, pay, independent contracting, worker management, promotion, and termination, as well as career and technical education. The legislation also covers consequential action related to housing and lodging; essential utilities; health care; credit, banking, and other financial services; insurance, including claim determinations; actions of the criminal justice system; justice and determinations concerning guilt or liability; elections; government benefits and services; public accommodation; or any other service, program, product, or opportunity with comparable legal, material, or similarly significant effect on an individual’s life.
“We must address AI-powered bias and discrimination in the AI age,” said Markey in a statement. “Under the AI Civil Rights Act, America would show leadership in AI—not just technological leadership, but moral leadership. We cannot abandon our principles in reckless pursuit of technological superiority. Otherwise, we risk building a future where innovation races ahead, but justice falls behind.”
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