On October 24, 2022, the New York City Department of Consumer and Worker Protection (“DCWP”) proposed rules to implement its new law regarding automated employment decision tools (“AEDTs”).

The new law, NYC’s Local Law 144 (“LL 144”), will take effect on January 1, 2023 and will prohibit an employer or employment agency from using AEDTs for an employment decision (i.e., screening a candidate for employment, or an employee for promotion, within NYC) unless:

• within one year prior to using the AEDT, it has been subject to a “bias audit”; and
• prior to using the AEDT, a summary of the bias audit and the distribution date has been posted to the employer or employment agency’s website.

Under LL 144, an AEDT includes “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 employment decisions. Covered AEDTs expressly do not include tools that do not support discretionary decision-making and do not materially impact individuals, including, for example, junk email filters, firewalls, antivirus software, calculators, spreadsheets, databases, data sets or other compilations of data.

LL 144 also requires any employer or employment agency in NYC using an AEDT for screening to provide notice to NYC-resident employees or applicants, including:

• prior...

Read Full Story: https://news.google.com/__i/rss/rd/articles/CBMiU2h0dHBzOi8vd3d3LmxleG9sb2d5L...