Massachusetts: Fostering Artificial Intelligence Responsibility Act (S. 35)
MassachusettsLegislationNot in force
Massachusetts Senate Bill 35 introduces Chapter 149B to the General Laws to regulate electronic monitoring tools and automated decision systems (ADS) in employment. The bill applies to employers operating in Massachusetts, covering employees, job candidates, and independent contractors. It restricts electronic monitoring to specified legitimate business purposes and establishes strict limits on continuous tracking, biometric monitoring, and off-duty data collection. Employers using electronic monitoring or ADS tools must conduct annual independent impact assessments, provide advance written disclosures, obtain written consent for electronic monitoring, and maintain meaningful human oversight over key employment decisions like hiring, discipline, termination, and compensation. The legislation also grants workers data access rights, prohibits predictive behavior profiling, and protects workers who refuse harmful AI outputs
Impact
What this means for HR and vendors
HR and recruitment teams
HR technology vendors
Key obligations
What organizations need to do
Practical obligation briefings focused on what the requirement is, who it applies to, when it applies and what teams should consider doing.
Operational Restrictions and Safeguards for Electronic Monitoring
Prior Written Notice and Consent for Electronic Monitoring
Impact Assessment for Automated Decision Systems and Electronic Monitoring
Mandatory Human Oversight for Adverse and Key Employment Decisions
Pre-Use Notice to Employees and Candidates for Automated Decision Tools
Alternative Selection Process and Disability Accommodation
Restrictive Uses and Behavioral Profiling Prohibitions
Remediation Duty Following Disparate Impact or Accessibility Findingsda
Vendor Documentation, Licensing, and Development Recordkeeping
Worker Anti-Retaliation and Whistleblower Protections
Stay ahead of AI hiring compliance before it lands.
Free alerts on the regulation, litigation and incidents shaping AI in hiring.
Not legal advice
This page is regulatory intelligence only. Organizations should seek guidance from legal counsel before making compliance decisions.
Employment-focused extraction
This may be part of wider regulation. The Warden Watch extracts and displays the parts relevant to employment, HR and recruitment decision-making.