Law / United States / New York / New York City
Automated Employment Decision Tools Bias Audit and Notice Law
N.Y.C. Admin. Code tit. 20, ch. 5, subch. 25, secs. 20-870 to 20-874 (Local Law 144 of 2021)
In force since .
An AI risk obligations rule binding private bodies.
- How the hook was established
- express
- What it reaches
- duty
- What makes it apply
- Operator establishment, Data subject residence
- Audit expectation
- periodic
- Who audits it
- Independent third party
- Where the report goes
- Published summary
What it requires
- Before screening a candidate or employee in New York City with an automated employment decision tool, a product must be the subject of a bias audit performed within the prior year, publish a summary of that audit, and notify each affected candidate or employee at least ten business days beforehand of the tool's use and the job qualifications and characteristics it assesses.
These lines are LexLint's reading of the law's text. Also read by: New York City Department of Consumer and Worker Protection (guidance, recorded ).
In the frameworks
- NIST AI RMF
- MEASURE 2.8Risks associated with transparency and accountability – as identified in the MAP function – are examined and documented.
- MEASURE 2.11Fairness and bias – as identified in the MAP function – are evaluated and results are documented.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Guidance link
- https://www.nyc.gov/assets/dca/downloads/pdf/about/DCWP-AEDT-FAQ.pdf
- Guidance body
- New York City Department of Consumer and Worker Protection
- Open questions
- What amount of historical data lets an independent auditor treat a bias audit as statistically significant, when the Department states that "DCWP has not set a specific requirement for statistical significance"?
- What test data satisfies a bias audit under Administrative Code section 20-871, when the Department states that "DCWP has not set requirements for test data"?
What it makes you log
Who may demand the log
Public, Data subject, Regulator
What the log must hold
System identity, Input reference, Data lineage, Decision basis
Logging duty
An employer or employment agency may not use an automated employment decision tool unless it has been the subject of a bias audit conducted within the prior year, with a summary of the results published. On a candidate's or employee's written request, the employer or employment agency must also provide the type of data collected for the tool, the source of that data, and its own data retention policy, within thirty days, unless disclosure would violate another law or interfere with a law enforcement investigation. The law does not itself set how long that data or the retention policy must be kept; it requires disclosing whatever policy the employer already follows.
- Kind
- Explicit
- As of
- Provision
- § 20-871
- Trigger
- automated_decisions
Why the legislator wanted it
- As of
- Quote
- and compare the selection rates to the most selected category to determine an impact ratio.
- Source link
- https://rules.cityofnewyork.us/wp-content/uploads/2023/04/DCWP-NOA-for-Use-of-Automated-Employment-Decisionmaking-Tools-2.pdf
- Source kind
- Regulator guidance
- Purpose
- bias_and_performance_monitoring
What this law does
In New York City it is unlawful for an employer or employment agency to use an automated employment decision tool to screen a candidate or employee for an employment decision unless the tool has been the subject of a bias audit conducted within the prior year and a summary of that audit is published on the employer's or agency's website before use.
Any employer or agency using such a tool must also notify each covered candidate or employee, at least ten business days before use, that the tool will be used and what job qualifications and characteristics it assesses.
When LexLint raises it
When your app profile says your app makes employment decisions.
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