After enacting a measure in 2021 restricting the use of artificial intelligence in employment-related decisions, New York City has released proposed regulations in advance of the new law’s effective date of January 1, 2023.
The law regulates the use of “automated employment decision tools” (AEDT) on candidates and employees residing in NYC.
The law defines such tools as “any computational process, derived from machine learning, statistical modeling, data analytics, or artificial intelligence, that issues simplified output, including a score, classification, or recommendation, that is used to substantially assist or replace discretionary decision making for making employment decisions that impact natural persons.”
An employer is prohibited from using an AI tool in making employment decisions unless the tool has been subject to a “bias audit” by an “independent auditor” within the prior year and a summary of the audit results and distribution data for the tool have been made publicly available on the employer’s or employment agency’s website.
Individuals have the ability to request an accommodation from being subject to an AI tool and can request information regarding the data that was collected about them.
To provide clarity for employers, the Department of Consumer and Workplace Protection (DCWP) released proposed rules implementing the new law, scheduled a public hearing for discussion and will accept public comment on the proposal until October 24.
The proposed rules...
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