[Editor’s Note: Updated at 1:45 pm on 12/12] New York City’s Automated Employment Decision Tool (AEDT) law, one of the first in the U.S. aimed at reducing bias in AI-driven recruitment and employment decisions, was supposed to go into effect on January 1.

But this morning, The Department of Consumer and Worker Protection (DCWP) announced it is postponing enforcement until April 15, 2023. “Due to the high volume of public comments, we are planning a second public hearing,” the agency’s statement said.

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Under the AEDT law, it will be unlawful for an employer or employment agency to use artificial intelligence and algorithm-based technologies to evaluate NYC candidates and employees — unless it conducts an independent bias audit before using the AI employment tools. The bottom line: New York City employers will be the ones taking on compliance obligations around these AI tools, rather than the software vendors who create them.

Plenty of unanswered questions remain about the regulations, according to Avi Gesser, partner at Debevoise & Plimpton and co-chair of the firm’s Cybersecurity, Privacy and Artificial Intelligence Practice Group.

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