Requires employers and employment agencies that use automated employment decision tools to inform job applicants: (1) That such a tool is being used to screen candidates. (2) Of which characteristics and qualifications the automated tool considers. (3) Of what data is collected by the automated tool, where it is sourced, and how it is managed. Defines "automated employment decision tool" as any computational process that produces an output which is used to substantially assist or replace discretionary decision-making for employment decisions that impact natural persons.
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New York AB A7859
ETO AGORA · U.S. state and local documents · 2023
Summary
Requires employers and employment agencies that use automated employment decision tools to inform job applicants: (1) That such a tool is being used to screen candidates. (2) Of which characteristics and qualifications the automated tool considers. (3) Of what data is collected by the automated tool, where it is sourced, and how it is managed.
Defines "automated employment decision tool" as any computational process that produces an output which is used to substantially assist or replace discretionary decision-making for employment decisions that impact natural persons.
Amends labor law, regulates automated employment decision tools in New York.
AN ACT to amend the labor law, in relation to automated employment deci- sion tools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS:
Defines "Automated Employment Decision Tool" for employment screening, excluding non-decision-making software tools.
Section 1. The labor law is amended by adding a new section 203-f to read as follows: § 203-F. AUTOMATED EMPLOYMENT DECISION TOOLS.
- DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "AUTOMATED EMPLOYMENT DECISION TOOL" MEANS ANY COMPUTATIONAL PROC- ESS, DERIVED FROM MACHINE LEARNING, STATISTICAL MODELING, DATA ANALYT- ICS, OR ARTIFICIAL INTELLIGENCE, THAT ISSUES SIMPLIFIED OUTPUT, INCLUD- ING A SCORE, CLASSIFICATION, OR RECOMMENDATION, THAT IS USED TO SUBSTANTIALLY ASSIST OR REPLACE DISCRETIONARY DECISION MAKING FOR MAKING EMPLOYMENT DECISIONS THAT IMPACT NATURAL PERSONS. "AUTOMATED EMPLOYMENT DECISION TOOL" DOES NOT INCLUDE A TOOL THAT DOES NOT AUTOMATE, SUPPORT, SUBSTANTIALLY ASSIST, OR REPLACE DISCRETIONARY DECISION-MAKING PROCESSES AND THAT DOES NOT MATERIALLY IMPACT NATURAL PERSONS, INCLUDING, BUT NOT LIMITED TO, A JUNK EMAIL FILTER, FIREWALL, ANTIVIRUS SOFTWARE, CALCULA- TOR, SPREADSHEET, DATABASE, DATA SET, OR OTHER COMPILATION OF DATA. (B) "EMPLOYMENT DECISION" MEANS TO SCREEN CANDIDATES FOR EMPLOYMENT.
Requires employers to notify candidates about automated hiring tools, job criteria, data use, and alternatives.
- NOTICES REQUIRED. (A) ANY EMPLOYER OR EMPLOYMENT AGENCY THAT USES AN AUTOMATED EMPLOYMENT DECISION TOOL TO SCREEN CANDIDATES WHO HAVE APPLIED FOR A POSITION FOR AN EMPLOYMENT DECISION SHALL NOTIFY EACH SUCH CANDIDATE OF THE FOLLOWING: (I) THAT AN AUTOMATED EMPLOYMENT DECISION TOOL WILL BE USED IN CONNECTION WITH THE ASSESSMENT OR EVALUATION OF SUCH CANDIDATE; (II) THE JOB QUALIFICATIONS AND CHARACTERISTICS THAT SUCH AUTOMATED EMPLOYMENT DECISION TOOL WILL USE IN THE ASSESSMENT OF SUCH CANDIDATE; AND (III) INFORMATION ABOUT THE TYPE OF DATA COLLECTED FOR SUCH AUTOMATED EMPLOYMENT DECISION TOOL, THE SOURCE OF SUCH DATA, AND THE EMPLOYER OR EMPLOYMENT AGENCY'S DATA RETENTION POLICY. (B) THE NOTICE REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE MADE NO LESS THAN TEN BUSINESS DAYS BEFORE THE USE OF SUCH AUTOMATED EMPLOYMENT DECISION TOOL AND SHALL ALLOW SUCH CANDIDATE TO REQUEST AN ALTERNATIVE SELECTION PROCESS OR ACCOMMODATION.
Allows candidates to sue and the Human Rights Division to enforce relevant laws.
- CONSTRUCTION. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED AS TO LIMIT ANY RIGHT OF ANY CANDIDATE FOR EMPLOYMENT TO BRING A CIVIL ACTION IN ANY COURT OF COMPETENT JURISDICTION, OR TO LIMIT THE AUTHORITY OF THE DIVISION OF HUMAN RIGHTS TO ENFORCE THE PROVISIONS OF ARTICLE FIFTEEN OF THE EXECUTIVE LAW. § 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.