Seyfarth Synopsis: Four days before enforcement of New York City Local Law 144 ("Local Law 144") is set to begin, the Department of Consumer and Worker Protection ("DCWP") published FAQ guidance governing the use of Automated Employment Decision Tools (AEDTs). The release of the FAQs follows a series of roundtables DCWP has held with various stakeholders. As expected, DCWP is moving forward with the July 5, 2023 enforcement deadline.
Late this afternoon, DCWP released its highly anticipated FAQs regarding the requirements of Local Law 144 in an attempt to clarify the law's requirements. The FAQs which can be accessed here are broken out into seven sections covering questions on the following topics: (1) an overview of the law, (2) general bias audit requirements, (3) data requirements, (4) independent auditors, (5) responsibility for bias audits, (6) notice requirements, and (7) complaints.
While the guidance provided during the May 22 educational roundtable that Seyfarth previously reported on is reflected in the FAQs, there are additional developments that are discussed in more detail below.
The FAQs explain that while Local Law 144 requires employers and employment agencies to conduct a bias audit, it does not require any specific actions based on the results of the bias audit. However, the guidance goes on to note that Federal, state, and New York City laws prohibit discrimination and that employers and employment agencies must comply...
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