On April 6, 2023, the New York City Department of Consumer and Workforce Protection (“DCWP”) promulgated its final regulations (the “Final Regulations”) regarding the New York City Automated Employment Decision Tools Law (“AEDTL”). In connection with the Final Regulations, the DCWP also notified employers that it would further delay enforcement of the AEDTL from April 15, 2023 to July 5, 2023. The Final Regulations, among other things, expand the definition of “machine learning, statistical modeling, data analytics, or artificial intelligence” as used in the AEDTL and clarify specifics around the bias audits required by the AEDTL.
As we previously reported, the AEDTL’s regulations have remained in a state of flux for months. The Final Regulations are the DCWP’s third attempt to formulate regulations for the AEDTL, and have received an unusually high volume of public comment requiring multiple well-attended public hearings. As a result, enforcement of the AEDTL has been delayed twice; first from January 1, 2023 to April 15, 2023, and now until July 5, 2023. However, because the Final Regulations have been issued by this point, the AEDTL’s enforcement date is unlikely to change further.
Overview of the AEDTL
Once enforced, the AEDTL will restrict employers’ ability to use “automated employment decision tools” in hiring and promotion decisions within New York City. The AEDTL defines “automated employment decision tool” as “any computational process, derived from machine...
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