White House Issues First Artificial Intelligence Executive Order: AI Guidance For Federal Contractors Forthcoming

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."