New York City Automated Employment Decision Tools law (Local Law 144 of 2021)

New York City Local Law 144 of 2021 prohibits employers and employment agencies from using an automated employment decision tool unless the tool has been subject to a bias audit within one year of its use. The audit must be performed by an independent auditor following the methodology in the DCWP rule, and must be renewed before it lapses or use of the tool must stop.

Applies when

Employers and employment agencies using resume screening, video interview scoring or skills assessment tools for hiring or promotion in New York City, including the New York recruiting teams of Chinese companies. Tool vendors are typically required by customers to supply audit data and cooperate.

Evidence to retain

• · Auditor qualification and independence statement
• · Bias audit report identifying the audit date and the tool version covered
• · Description of the dataset used and the sample sizes
• · Expiry reminders and the plan for re-auditing

Estimated first-time effort: 10–25 person-days (estimate, not a commitment)

Information about the bias audit must be made publicly available. In practice the summary of results is published on the careers page or company website, identifying the tool audited, the audit date and the selection or impact ratios by category. DCWP accepts public complaints against employers that fail to post a summary of the bias audit results.

Applies when

As above.

Evidence to retain

• · Archived copy of the published summary page with its publication date
• · Reconciliation between the published summary and the audit report
• · Note on page accessibility and retention period
• · Archive of historical versions

Estimated first-time effort: 1–4 person-days (estimate, not a commitment)

Employers and employment agencies must provide the required notices to candidates and employees. DCWP clarified in its June 2023 revised presentation materials that the notice must be provided 10 business days before use of an automated employment decision tool. The notice typically states that the tool will be used, the job qualifications and characteristics it assesses, and how to request an alternative process or accommodation.

Applies when

As above.

Deadline: 10 business days before using the tool

Evidence to retain

• · Candidate notice template and dispatch log with timestamps evidencing the 10 business days
• · Notice records for existing employees
• · Intake log for requests for an alternative process or accommodation
• · Hiring process timeline chart marking the notice checkpoint

Estimated first-time effort: 3–8 person-days (estimate, not a commitment)