Requires employers and employment agencies that use automated employment decision tools to screen job candidates to provide advance notice to each candidate at least ten business days before the tool is used. The notice must disclose that an automated tool will be used, the job qualifications and characteristics the tool evaluates, and information about the data collected, its source, and the employer's data retention policy. Candidates must be allowed to request an alternative selection process or accommodation. The bill does not create its own enforcement mechanism or penalty structure but expressly preserves existing civil action rights and Division of Human Rights authority.
"Automated employment decision tool" means any computational process, derived from machine learning, statistical modeling, data analytics, or artificial intelligence, that issues simplified output, including 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, calculator, spreadsheet, database, data set, or other compilation of data.
H-01 Human Oversight of Automated Decisions · H-01.3 · Deployer · EmploymentAutomated Decisionmaking Labor Law § 203-g(2)(a)(i), (2)(b)
Plain Language
Employers and employment agencies that use automated employment decision tools to screen job applicants must notify each candidate at least ten business days before the tool is used that an automated tool will be part of their assessment. The notice must also allow the candidate to request an alternative selection process or accommodation. This is a pre-use notice requirement — it must be delivered before the tool is applied to the candidate, not after.
Statutory Text
(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; (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.
H-01 Human Oversight of Automated Decisions · H-01.1 · Deployer · EmploymentAutomated Decisionmaking Labor Law § 203-g(2)(a)(ii)
Plain Language
As part of the required pre-use notice, employers and employment agencies must disclose the specific job qualifications and characteristics that the automated tool will evaluate when assessing the candidate. This goes beyond simply telling the candidate that AI will be used — it requires explaining the criteria the tool applies, enabling the candidate to understand what factors drive the automated assessment.
Statutory Text
(ii) The job qualifications and characteristics that such automated employment decision tool will use in the assessment of such candidate;
D-01 Automated Processing Rights & Data Controls · D-01.1 · Deployer · EmploymentAutomated Decisionmaking Labor Law § 203-g(2)(a)(iii)
Plain Language
Employers and employment agencies must disclose to each candidate, as part of the required pre-use notice, the type of data collected for the automated tool, where that data comes from, and the employer's data retention policy. This is a data transparency obligation — candidates must understand what data inputs feed the automated screening process and how long their data is kept.
Statutory Text
(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.
D-01 Automated Processing Rights & Data Controls · D-01.3 · Deployer · EmploymentAutomated Decisionmaking Labor Law § 203-g(2)(b)
Plain Language
The notice must be delivered at least ten business days before the automated tool is used and must include a mechanism for the candidate to request an alternative (non-automated) selection process or an accommodation. This effectively creates an opt-out right — candidates who do not wish to be screened by an automated tool must be given the opportunity to request an alternative path. The ten-business-day lead time ensures candidates have meaningful opportunity to exercise this right before the tool is applied.
Statutory Text
(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.
Other · EmploymentAutomated Decisionmaking
Labor Law § 203-g(3)
Plain Language
This savings clause confirms that nothing in the new section limits a candidate's existing right to bring a civil action or the Division of Human Rights' authority to enforce the New York Human Rights Law. It preserves the status quo for existing enforcement mechanisms but does not create any new compliance obligation.
Statutory Text
3. 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.