On Friday, September 23rd, the New York City Department of Consumer and Worker Protection (“DCWP”) issued a Notice of Public Hearing and Opportunity to Comment on Proposed Rules related to Local Law 144 (“the Law”), which regulates the use of “automated employment decision tools” by employers. The law was originally set to go into effect January 1, 2023.
As previously reported, in October 2022, the DCWP announced that the law would not be enforced until April 15, 2023. In addition to the other obligations under the law, which are discussed in detail here and here, it is unlawful for an employer or an employment agency to use an automated employment decision tool to screen a candidate or employee for an employment decision unless: (i) the tool has been the subject of a bias audit conducted no more than one year prior to the use of such tool; and (ii) a summary of the results of the most recent bias audit has been made publicly available on the employer’s website prior to the use of such tool.
Covered employers should immediately determine whether they are using any automated employment decision tools, as defined in the new law, and take any steps needed to ensure compliance.