Bill > S35

This bill establishes comprehensive regulations for electronic monitoring tools and automated decision systems in employment settings in Massachusetts. The legislation aims to protect employee privacy and prevent discriminatory practices by requiring employers to meet strict guidelines when using technology to monitor or make decisions about workers. Key provisions include mandating that electronic monitoring tools be narrowly tailored to legitimate business purposes, be minimally invasive, and only collect necessary data, with employees receiving detailed written notice and providing consent. Employers must conduct impact assessments for both electronic monitoring tools and automated decision systems to evaluate potential biases, discriminatory effects, and privacy risks. The bill prohibits using these technologies to monitor employees during off-duty hours, in private spaces, or for collecting sensitive personal information. Employers cannot rely primarily on data collected through electronic monitoring or automated systems when making employment decisions, and must ensure meaningful human oversight, including independent review and consideration of additional information. The legislation also includes strong anti-retaliation provisions protecting employees who challenge or refuse to comply with potentially harmful automated system outputs. Additionally, the bill extends similar impact assessment and usage restrictions to state government agencies when using automated decision systems, particularly for services that materially impact individual rights or public assistance benefits.

Business and Industry

https://malegislature.gov/Bills/194/S35