Activities / What code does / Makes high-risk automated decisions

Makes employment decisions

employment_decisions

Your app makes or scores decisions about a person's work, such as hiring, promotion, pay or termination.

  • scope code
  • in the registry since 1.4
  • 28 laws in 17 jurisdictions name it

What triggers it

The lint's definition. It makes or scores decisions about a person's work: hiring, promotion, termination, pay, task allocation, or monitoring and evaluating workers.

This covers a resume screener, a video-interview scorer, and software that allocates tasks to workers or monitors and rates their performance.

It implies Makes high-risk automated decisions, so the rules written for every such decision reach it too.

What does not

A scheduling tool that applies a rule a person set and can see does not count in the same way.

Often confused with Makes high-risk automated decisions.

The law it brings into scope

The kinds of law that name this activity in the LexLint law library, with the number of laws and jurisdictions in each, as of . The examples are chosen by rule, laws in force first and the widest jurisdiction first; each section's page lists every law.

Area of lawLawsJurisdictions
AI law

Tell people when they are dealing with an AI system or its output, and control the uses the law calls high-risk.

21 14
Privacy law

Have a legal basis for personal data, honor people's rights over it, and report a breach.

7 4

This activity implies Makes high-risk automated decisions, so every law that names that activity reaches it too. These areas of law reach it only that way:

  • Cybersecurity law: 91 laws in 67 jurisdictions, through Makes high-risk automated decisions

    Build software securely, handle reported flaws, and report incidents on a deadline.

  • Product and AI liability law: 24 laws in 22 jurisdictions, through Makes high-risk automated decisions

    Answer in damages when defective software or an AI system causes harm.

The law written for employment decisions

Every law in the LexLint law library written for employment decisions, by jurisdiction, each country before its states and cities, as of . The domain tags are our reading of each law's scope, not the publisher's.

JurisdictionLaw
European Union
Ontario
Croatia
Finland
Germany
Italy
Portugal
Spain
United States
California
Colorado
Connecticut
Idaho
Illinois
Missouri
New Jersey
New York City

Every law that names Makes high-risk automated decisions reaches employment decisions too, because it covers automated decisions of every kind: 587 laws in 204 jurisdictions. 189 of those jurisdictions have no law written for employment decisions.

Counterparties that usually come with it

  • an applicant-tracking system or job board
  • a background-check provider

A component that cannot run as documented without one of these names it in its ACTIVITIES.md under talks_to, with required: true. That party's jurisdiction then joins the run of every product that uses the component, and the finding says why it is there. A default the deployer can change is asked about, never added. Talking to a party never makes a product that party.

In a declaration

A library or framework that makes this possible enables it; an application whose shipped code does it performs it.

For a library

activities: - id: employment_decisions mentioned: enables enabled: requires_configuration where: [<the module that carries it>] note: <one sentence>

For an application

activities: - id: employment_decisions mentioned: performs enabled: by_default where: [<the module that carries it>] note: <one sentence: what it does, and the kind of law it attracts>

History

In the registry since version 1.4, .

Added for Automated Employment Decision Tools Bias Audit and Notice Law (New York City), the law that turns on it.

In the glossary: Makes employment decisions.

The activity registry is LexLint's open list; this page's text is licensed under Creative Commons Attribution 4.0.