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S 4833

No Robot Bosses Act

119th Congress Introduced by Tammy Baldwin and 5 co-sponsors

Prohibits relying mainly on automated decision systems for work decisions, requires transparency, pre/post evaluations, opt-outs, and a new Fairness and Transparency Office to enfo

Introduced in Senate
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WeVote Research Nonpartisan
Bill Summary · S 4833

No Robot Bosses Act (S.4833, 119th Congress)

Purpose and intent

  • Proposes to prohibit certain uses of automated decision systems (ADS) by employers in making work-related decisions.
  • Aims to protect covered individuals (employees and job applicants) from undue reliance on ADS that could harm rights, privacy, or equal opportunity.
  • Establishes a new federal regulatory framework, including a dedicated Fairness and Transparency Office within the Department of Labor to oversee compliance, guidance, and enforcement.

Key provisions and changes

  • Definitions (Section 2)

    • Clarifies terms: adverse work action, applicant, automated decision system (ADS), covered individual, developer, disparate impact, egregious misconduct, employer, government entity, Indian Tribe, labor organization, personal data, work-related decision, etc.
    • ADS includes systems using machine learning, statistics, AI, etc., that produce predictions, scores, or decisions. Excludes passive computing infrastructure.
    • Covered individuals include employees and applicants across federal, state, local, and certain government-related employers, with specifics on who is considered an employer.

  • Use of ADS by an employer (Section 3)

    • Prohibits employers from relying predominantly on ADS for work-related decisions regarding a covered individual.
    • Requires disclosures if ADS is used or intended to be used, including:
    • That ADS is used, input data, measurement targets, how outputs relate to job functions, performance metrics, and how outputs are interpreted.
    • Identity of the ADS operator and how disputes or appeals can be made.
    • Timing requirements for hiring decisions and ongoing use; updated disclosures when practices change.
    • Employees and applicants must have an opt-out path from ADS-managed processes to human decision-making.
    • Employers must provide an opt-out for applicants, including for third-party screening.
    • Training requirement for operators of ADS on inputs, biases, limitations, and interpretation of outputs.

  • Predeployment evaluations and postdeployment impact assessments (Section 4)

    • Developers and employers must conduct predeployment evaluations for ADS intended for work-related decisions (including material changes before deployment).
    • Evaluations must cover design, data inputs, testing/benchmarks, demographic representation, stakeholder consultation, algorithm description, data provenance, risk to worker rights, potential discriminatory effects, and mitigation strategies.
    • After deployment, employers must conduct annual impact assessments describing rights impacts, disparate impact analyses, data inputs, outputs, testing, and deployment context.
    • Summary reports of impact assessments must be shared with ADS developers within 30 days; developers must review annual assessments.
    • If a developer and employer are the same entity, combined predeployment evaluations and annual assessments are allowed.

  • Relation and accountability (Section 5)

    • Requires ongoing risk mitigation, stakeholder consultation, and a formal certification to the Director before deployment that the ADS is not likely to jeopardize worker rights or deter protected activity.
    • Off-label use restrictions: developers may not offer licenses for uses outside the predeployment scope; employers must assume developer-like responsibilities if they use ADS beyond defined purposes.

  • Fairness and Transparency Office (Section 6)

    • Creates the Fairness and Transparency Office within the Department of Labor’s Wage and Hour Division.
    • Appoints a Director and establishes advisory boards (User, Research, Product, Labor) with diverse expertise (privacy, civil rights, labor, academia, industry).
    • Boards provide guidance and meet at least twice annually; officers and advisors have prescribed compensation and travel provisions; office is exempt from certain federal advisory act requirements.

  • Regulations and enforcement (Sections 7-9)

    • Establishes regulatory authority for the Director to issue rules implementing the Act.
    • GAO and Library of Congress regulations apply to their respective covered individuals.
    • Provides for whistleblower protections and private rights of action for covered individuals, labor organizations, and worker advocacy groups.
    • Private actions may seek damages (actual or statutory), injunctive and equitable relief, and attorney’s fees. Statutory damages scale from $5,000 to $100,000 per violation (with adjustments for willful or repeated conduct); remedies for whistleblower retaliation include related damages.
    • Civil actions may be brought in federal court; states and tribal governments have parallel enforcement and remedies, including injunctive relief and damages, with sovereign immunity considerations and costs.
    • Federal enforcement pathways include direct actions by the Secretary through the Fairness and Transparency Office (investigations, annual reporting, and data retention are required).

  • Effective dates and transparency (Section 4)

    • Predeployment requirements apply to deployments occurring on or after the date of enactment.
    • Annual impact assessments apply for each year an ADS is deployed.
    • Public disclosure requirements include summaries of evaluations, with redaction for trade secrets and personal data.

Who would be affected

  • Covered individuals
    • Employees and job applicants whose work-related decisions are influenced by ADS used by employers.
  • Developers and employers
    • ADS developers and the employers deploying or licensing ADS for work-related decisions.
  • Government entities and agencies
    • Federal, state, tribal, and local entities employing workers or engaging in activities affecting commerce.
  • Labor organizations and worker advocacy groups
    • Plaintiffs and participants in enforcement and litigation processes.
  • Regulatory bodies
    • Department of Labor’s Fairness and Transparency Office would supervise compliance, rulemaking, and enforcement activities.

Procedural and timeline aspects

  • Predeployment evaluations required for new deployments or material changes after enactment.
  • Annual impact assessments required for each year an ADS is deployed.
  • Summary reports due within 30 days of completion; summaries publicly posted within 30 days of publication.
  • Regulations to be issued, with further specifics to be developed within two years after enactment.
  • Establishment of advisory boards and regional offices (including potential San Francisco presence) for ongoing governance and oversight.
  • Private right of action and federal/state/tribal enforcement mechanisms provide multiple enforcement avenues.

Compiled from official sources — confirm details with the bill’s official record.

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