As 21 million currently unemployed Americans seek to re-enter the workforce in the coming months, they might be surprised to learn that their options are limited due to vast sets of data sets over which they have no control.

A.I. has the potential to largely shape the post-COVID employment landscape based on biases that are not well understood even by those who rely on these programs to assist with a basic resume screening. And over time, if these programs driven by A.I. are shown to disproportionately negatively impact women, persons of color and the aged, State Attorneys General (AGs) are sure to utilize every tool in their arsenal to question how these black-box data tools and protect their constituents.

AGs have demonstrated their willingness during the pandemic to be among the most active regulators in protecting consumers and workers both in terms of safety and fraud prevention. There is little question that as the economic recovery begins in earnest, AGs will be on the forefront of ensuring that their citizens have the benefit of every protection available under the law.