What is the workplace AI law in Maryland?

Maryland law, HB 1202, prohibits an employer from using a facial recognition service for the purpose of creating a facial template during an applicant's pre-employment interview, unless the applicant consents by signing a specified waiver. This workplace AI law went into force on October 1, 2020.

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USLF Multistate Employment Law Handbook - Guide

Labor Employment Law With Ai In Maryland

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Employment - Handbooks

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Multi-State

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US-002HB

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This Handbook provides an overview of federal laws addressing employer-employee rights and obligations. Information discussed includes wages & hours, discrimination, termination of employment, pension plans and retirement benefits, workplace safety, workers' compensation, unions, the Family and Medical Leave Act, and much more in 25 pages of materials.

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The risks of AI for workers are greater if it undermines workers' rights, embeds bias and discrimination in decision-making processes, or makes consequential workplace decisions without transparency, human oversight, and review. There are also risks that workers will be displaced entirely from their jobs by AI.

Companies that adopt AI technology may tend to reduce demand for human workers. In an effort to increase efficiency, some companies may turn to cheaper and more efficient automation systems, resulting in a decline in traditional employment.

AI regulations ensure ethical, fair, and transparent hiring practices by preventing bias, protecting privacy, and promoting accountability. They require measures like bias audits and consent, helping to reduce discriminatory outcomes and build public trust in AI technologies.

If AI intensifies automation, we are very likely to get more of the same—a gap between capital and labor, more inequality between the professional class and the rest of the workers, and fewer good jobs in the economy.

Discrimination and Bias Considerations and Current US Laws. In the U.S., AI systems used in hiring can inadvertently cause organizations to violate existing anti-discrimination laws (such as Title VII of the Civil Rights Act) and may trigger obligations or lead to liability under emerging AI or AI-adjacent laws.

Maryland law, HB 1202, prohibits an employer from using a facial recognition service for the purpose of creating a facial template during an applicant's pre-employment interview, unless the applicant consents by signing a specified waiver. This workplace AI law went into force on October 1, 2020.

Content: HR professionals can use generative AI tools to increase efficiency and value in various stages of employee life cycle — from creating engaging job descriptions based on skill profiles and writing personalized emails to job candidates to drafting HR policies and creating training content.

Currently, there is no comprehensive federal legislation or regulations in the US that regulate the development of AI or specifically prohibit or restrict their use.

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Only Illinois, Maryland and New York City require employers to ask for consent first if using AI during certain parts of the hiring process. Additionally, Maryland is one of the few states that have enacted legislation addressing artificial intelligence.The law identifies hiring, compensation, promotion, performance management, and termination as highrisk areas when using AI technology. Now, the Employment Law Center of Maryland will use AI to perform a variety of tasks, from legal research to drafting communications and documents. Maryland's recently enacted Wage Range Transparency Act amends the state's Equal Pay for Equal Work law. Maryland law prohibits the use of facial recognition during job interviews unless the applicant consents to its use ahead of time. In 2020, Maryland passed its AIemployment law, called H.B. 1202. Areas of change include paid family leave, posting salary ranges and pay rate notifications, and an expansion of the antidiscrimination law. It also requires that all job candidates who reside in New York City receive notice that the employer uses AEDT. If enacted, the bill would prohibit the sale of an automated employment decision tool unless the tool was subject to a bias audit.

Labor Employment Law With Ai In Maryland

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