Two business days before the start of enforcement of NYC Local Law 144 of 2021, the first-of-its kind law regulating the use of AEDTs (Automated Employment Decision Tools), the New York City Department of Consumer and Worker Protection (DCWP) released a set of Frequently Asked Questions (FAQs). These FAQs follow the codification of the law in December 2021; the release and revision of regulations in April, September, and December 2022; the adoption of further-revised regulations in April 2023; the deferral of enforcement to July 5, 2023; and a set of “educational roundtables” in late May, 2023. At each step, the DCWP has materially refined the interpretation of the law. These FAQs, which emerge from the recent roundtables, are no exception, yielding one valuable clarification and one significant new concern.
Using an AEDT to Scan Résumé Banks or Invite Applications
FAQ I.6 states, unequivocally, that the use of an AEDT to fill a particular position is within scope only when the AEDT is applied to those who have submitted an application for that position:
6. Do the Law’s requirements apply if an employer or employment agency uses an AEDT to scan a resume bank, conduct outreach to potential candidates, or invite applications?
No. The requirements apply to AEDT use to assess candidates for hiring or promotion only. A candidate for employment is a person who has applied for a specific position by submitting the necessary information or items in the format required by the...
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