; or (B) a State consumer protection agency with expertise in data protection, including the California Privacy Protection Agency. (17) Tribal government The term Tribal government means the recognized governing body of an Indian Tribe. 3. Use of an automated decision system by an employer (a) Employment-Related decisions (1) In general An employer— (A) may not rely exclusively on an automated decision system in making an employment-related decision with respect to a covered individual; and (B) may not use an automated decision system output in making an employment-related decision with respect to a covered individual unless— (i) the automated decision system used to generate such automated decision system output has had pre-deployment testing and validation with respect to— (I) the efficacy of the system; (II) the compliance of the system with applicable employment discrimination laws, including— (aa) title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ); (bb) the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 621 et seq. ); (cc) title I of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12111 et seq. ); (dd) title II of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff et seq. ); (ee) section 6(d) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(d) ); (ff) sections 501 and 505 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 ; 793); and (gg) the Pregnant Workers Fairness Act (division II of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 )); (III) the lack of any potential discriminatory impact of the system, including discriminatory impact based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age, or disability and genetic information (including family medical history); and (IV) the compliance of the system with the Artificial Intelligence Risk Management Framework released by the National Institute of Standards and Technology on January 26, 2023, or successor framework