New York City’s Local Law 144 has received another update from the City’s Department of Consumer and Worker Protection (DCWP). As a reminder, the new law prohibits an employer or employment agency from using an automated employment decision tool in making an employment decision unless, prior to using the tool, the following requirements are met: (1) the tool has been subject to a bias audit within the last year; and (2) a summary of the results of the most recent bias audit and distribution data for the tool have been made publicly available on the employer or employment agency’s website. On Sept. 23, 2022, the DCWP proposed new rules to clarify the law. Please see our prior blog post for a more thorough summary of the law. On Dec. 23, 2022, the DCWP released a set of revised proposed rules which resulted in another public hearing on Jan. 23, 2023.
On April 6, 2023, following two proposed revisions to the law and two well-attended public hearings, the DCWP has finally filed its notice of adoption for the final set of rules that apply to Local Law 144. The DCWP’s summary of the changes to the final law includes:
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