Employers that use software to help screen candidates or employees in New York City will have a little more time to comply with a local law regulating the use of automated employment decision tools (AEDTs). The law was supposed to take effect on January 1, 2023. To the relief of many, the NYC Department of Consumer and Worker Protection (DCWP) has offered employers a reprieve, postponing enforcement until April 15, 2023. The stated reason for the extension is to hold a second public hearing on its proposed rules given the high volume of public comments it received. What do you need to know about the latest developments?
Commenters Note Lack of Clarity
As we have previously written, Local Law 144 of 2021 requires employers in New York City to take the following steps before they use an AEDT to screen a candidate or employee:
(1) Conduct a bias audit of the AEDT and post a summary of the results; and
(2) Provide certain notices about the AEDT and the information it considers to NYC residents.
The 170+ pages of public comments submitted in response to the law and its proposed rules — which come from a variety of interested parties, including employers, AEDT providers, bias audit providers, industry groups, and academics — highlight the impact that this first-in-the-nation law will have on hiring and promotion processes.
While some commentators wrote to offer their approval of the law and DCWP’s proposed rules, others pointed out the burdensome impacts, inconsistencies, and...
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