Finally, some welcome news for employers who utilize automated employment decision tools (“AEDT”) in New York City: the Department of Consumer and Worker Protection (“DCWP”) has proposed rules in an attempt to clarify numerous ambiguities in New York City’s Artificial Intelligence (“AI”) law, which takes effect on January 1, 2023.[1]
New York City’s law will restrict employers from using AEDT in hiring and promotion decisions unless it has been the subject of a bias audit by an “independent auditor” no more than one year prior to use.[2] The law also imposes certain posting and notice requirements to applicants and employees.
As detailed below, the DCWP’s proposed rules are currently under consideration and may well invite more questions than answers as uncertainty about the requirements lingers. Comments can be submitted to the DCWP, and a public hearing will be held on October 24, 2022 to determine whether any or all of the rules will be formally adopted. Below is a brief summary of the proposed rules.
Clarifying Definitions: Several key terms that are not defined in the law itself will be defined if the proposed rules are passed.
For example, the proposed rules define “independent auditor” as “a person or group that is not involved in using or developing an AEDT that is responsible for conducting a bias audit of such AEDT.” Although the proposed definition signals that a vendor who developed the AEDT may not be a sufficiently “independent” auditor (depending on the...
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