AI and Working People: the toolkit

an employer […] may not collect or use employee data— (A) to identify any covered individual to determine if they have or intend to form, join, assist, or seek to form, join, or assist, a labor organization […] (E) to ascertain the immigration status of a covered individual

The section also bars using data to monitor organizing, to infer health or political views unrelated to the job, to track whistleblowers, or to predict behavior or emotions unrelated to work.

Employers must disclose what data they collect, how, when and how often, where it is stored, who can see it, why it is collected, any third parties involved, and how it affects work-related decisions.

An employer shall enable a covered individual […] to— (A) not later than 30 days after such request […] obtain any employee data collected by the employer on the covered individual

any covered individual adversely affected by an alleged violation of section 3, 4, 5, or 8, may commence a civil action against any person that violates such section in any Federal court of competent jurisdiction.

employers may not rely solely on an automated decision system (ADS) to discipline or terminate an employee.

A human reviewer must corroborate any decision that relies primarily on an automated system, and the worker gets written notice. Signed September 30, 2026; effective July 1, 2027.⁹