In late December 2022, the New York City (NYC) Department of Consumer and Worker Protection (DCWP) issued an updated set of proposed clarification rules for Local Law 144 (regulating the use of automated employment decision tools (AEDTs) wherein hiring decisions are made or substantially assisted by algorithmically-driven mechanisms).

Enforcement of the law, which was passed in December 2021, was delayed from a January 1, 2023, start date and is currently set to begin on April 15, 2023. The updated rules issued by the DCWP last month are currently open for public commentary. A public hearing is scheduled for 11:00 am EST on Monday, January 23, 2023, and the DCWP is accepting written commentary up until the hearing. Specific instructions for providing written or oral commentary are provided in the proposed rules.

• Make sure to click on the “tinyurl.com” link in advance of the hearing to register and receive the meeting invite for the hearing.

Given the broad-spanning nature of this law, the first set of proposed rules provided by the DCWP drew significant attention with almost 180 pages of written commentary and 90 minutes of verbal commentary at the public hearing. The DCWP used the provided commentary to make revisions to the proposed rules. Some of the changes made to the proposed rules are noted below.

• § 5-300. Definitions.
  • Added a definition for Scoring Rate: “the rate at which individuals in a category receive a score above the sample’s median score …”
  • Changed...

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