On December 11, 2025, President Trump issued an Executive Order promoting a “national policy framework for artificial intelligence.” The Executive Order purports to “remove barriers to United States AI leadership” including by promoting a national framework to overcome “excessive” and “cumbersome” state regulation.
In describing “unfavorable” state regulation, the Executive Order specifically references a Colorado law that, among other things, prohibits “algorithmic discrimination” in employment and employment opportunity decisions.
The Executive Order directs the Attorney General to establish an AI Litigation Task Force whose sole responsibility shall be to challenge certain State AI laws, including those the Attorney General deems overly burdensome. As a result of this Executive Order, state-level legislation encompassing certain restrictions on the use of AI in employment decisions may be at risk.
Please join us for our next L+E Seminar on January 21, 2026 as we tackle the ever-changing AI-regulatory landscape and its impact on employment laws. More information to follow soon.