The Details
Key Definitions
Under the law, AEDT means technology that processes personal data and uses computation to generate an output—such as a prediction, recommendation, classification, ranking, score, or other information—that is a substantial factor used to make or materially influence an employment-related decision.
An “employment-related decision” includes decisions based on personal data to hire, promote, discipline, discharge, renew employment, select for training/apprenticeship, or decisions regarding tenure or terms, privileges, or conditions of employment. It excludes decisions resulting in non-material changes in tasks, responsibilities, hours, work assignments, and decisions regarding workplace health and safety, scheduling and planning, or productivity monitoring.
Interaction Disclosure
Beginning October 1, 2027, employers that use AEDT to interact with employees or applicants in the state (“deployers”) must disclose that they are interacting with AEDT.
The disclosure must be in plain language. A disclosure isn’t required when a reasonable person would deem it obvious that the interaction occurred with AEDT.
Employment-Related Decision Notice
Beginning October 1, 2027, a deployer of AEDT that generates any output for the purpose of making, or as a substantial factor in making, an employment-related decision must provide written notice to the individual before the employment-related decision is made. The notice must include the following information.
- That the deployer has deployed AEDT;
- The purpose of the AEDT and the nature of such employment-related decisions;
- The trade name of the AEDT;
- The categories of personal data concerning the employee or applicant that the AEDT will analyze or process, and how that personal data will be assessed in reaching a decision;
- The sources of the personal data; and
- Contact information for the deployer.
Amendment to Nondiscrimination Provisions
The law amends state nondiscrimination provisions to make clear that the use of AEDT isn’t a defense against certain discrimination complaints involving employers and, in a separate provision, complaints involving sexual orientation/civil union status discrimination. The law also says a commission or court may consider evidence of anti-bias testing or similar proactive efforts to avoid discriminatory practices.
WARN Act Notice
By way of background, the Worker Adjustment and Retraining Notification (WARN) Act is a federal law that requires employers with 100 or more full-time workers to give 60 days' advance notice of a plant closing or mass layoff. The law requires that the WARN notification be given to the appropriate local chief elected official, the Dislocated Worker Unit of the State Department of Labor, and the employee’s collective bargaining representative or the employee if they don’t have a representative.
Effective October 1, 2026, an employer that serves written notice on the Connecticut Labor Department under the Warn Act must also disclose to the department, in a form and manner prescribed by the Labor Commissioner, whether the layoffs are related to the employer’s use of artificial intelligence or another technological change.
Trade Secret Protections
Notably, the law doesn’t require disclosure of trade secrets or other information protected from disclosure under state or federal law. If information is withheld on that basis, the person withholding it must provide notice that information is being withheld and explain the basis for withholding it.
Next Steps
- Inventory any employment tools used in Connecticut and determine whether any qualify as AEDT under the new law, consulting legal counsel as needed.
- Identify where tool output is used to make, or is a substantial factor in making, employment-related decisions, such as hiring, promotion, training, discipline or discharge.
- Prepare plain-language interaction disclosures for Connecticut applicants and employees who interact with AEDT, unless the interaction would be deemed obvious.
- Build a written pre-decision notice process that includes the required information.
- Coordinate with vendors/developers to obtain the information needed for compliance.
- Update WARN-related notice procedures (if applicable) to disclose whether the layoffs are related to AI or another technological change.