On October 30, 2023, President Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “EO”), the first executive order directly addressing artificial intelligence.

Of particular interest to federal government contractors, the EO provides that within 365 days of publication, “to prevent unlawful discrimination from AI used for hiring, the Secretary of Labor shall publish guidance for Federal contractors regarding nondiscrimination in hiring involving AI and other technology-based hiring systems.”  This development follows the publication of OFCCP’s new scheduling letter and itemized listing, which now requires contractors to “[i]dentify and provide information and documentation of policies, practices, or systems used to recruit, screen, and hire, including the use of artificial intelligence, algorithms, automated systems or other technology-based selection procedures.”

In addition, within 150 days of the date of the EO, the Director of the Office of Management and Budget (“OMB”) will issue guidance to federal agencies on “maximizing the value to agencies when relying on contractors to use and enrich Federal Government data for the purposes of AI development and operation.” Within 180 days of issuing this initial guidance, the Director of OMB will “develop” further guidance “to ensure that agency contracts for the acquisition of AI systems and services align with the” EO and address protection of government information, privacy, and civil rights as outlined in section 7224(d)(1) of the Advancing American AI Act.

Also, within 180 days of the EO’s publication, the Secretary of Health and Human Services (HHS) must “consider appropriate actions to advance the prompt understanding of, and compliance with, Federal nondiscrimination laws” by HHS providers that receive Federal financial assistance, “as well as how those laws relate to AI,” such as by issuing guidance or technical assistance to HHS providers.

FAQs on the EO can be found here. We will continue to monitor and report on AI developments affecting federal contractors and subcontractors.

Posted in Discrimination, Federal Contractors, Office of Management and Budget (OMB), White House
Tags: ai, artificial intelligence, compliance, contractor, contractors, Department of Labor, discrimination, Executive Order, federal contractor, federal contractors, OFCCP, Office of Federal Contract Compliance Programs
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Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.

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Photo of Olympia Karageorgiou Olympia Karageorgiou

Olympia Karageorgiou is an associate in the Labor Department and a member of the Employment Litigation & Arbitration Group.

During her time at Proskauer, Olympia has focused on a wide range of employment matters, including employment discrimination litigation, due diligence, and policies, handbooks…

Olympia Karageorgiou is an associate in the Labor Department and a member of the Employment Litigation & Arbitration Group.

During her time at Proskauer, Olympia has focused on a wide range of employment matters, including employment discrimination litigation, due diligence, and policies, handbooks and training, among others. Olympia has gained experience across a wide variety of industries including financial services, education, sports, and media and entertainment.

Olympia earned her J.D. from Yale Law School, where she was co-director of the Clinical Student Board and a member of the Reentry Clinic. While at Yale, she was also Academic Development co-chair of the Yale Black Law Students Association and served as a director of the Rebellious Lawyering Conference.

Prior to law school, Olympia was an AmeriCorps member in Dallas, Texas, focusing on issues related to education and social equity.

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