Regulon.AI — NY-A-01952 · NY A 1952 (Automated Employment Decision Tools)

Summary

Requires employers and employment agencies that use automated employment decision tools to screen job candidates to provide advance written notice at least ten business days before the tool is used. The notice must inform the candidate that an automated tool will be used, describe the job qualifications and characteristics the tool will evaluate, and disclose the type of data collected, its source, and the employer's data retention policy. Candidates must also be allowed to request an alternative selection process or accommodation. The bill does not create specific penalties or a new private right of action but preserves existing rights to bring civil actions and the Division of Human Rights' enforcement authority.

Enforcement & Penalties

Enforcement Authority

No specific enforcement authority is designated in the bill. The bill expressly preserves the authority of the Division of Human Rights to enforce Article 15 of the Executive Law and preserves any candidate's right to bring a civil action in a court of competent jurisdiction. The bill does not itself create a new private right of action or designate an agency enforcer for violations of its notice requirements.

Penalties

The bill does not specify penalties, damages, or remedies for violations of its notice requirements. The savings clause preserves existing civil action rights and Division of Human Rights enforcement authority, but no new remedy is created by this bill.

Who Is Covered

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.

What Is Covered

"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.

Compliance Obligations 2 obligations · click obligation ID to open requirement page

H-01 Human Oversight of Automated Decisions · H-01.1 H-01.3 · Deployer · EmploymentAutomated Decisionmaking

Labor Law § 203-g(2)(a)-(b)

Plain Language

Employers and employment agencies that use automated employment decision tools to screen job applicants must provide each candidate with advance notice at least ten business days before the tool is used. The notice must cover three items: (1) that an automated tool will be used to assess the candidate, (2) the specific job qualifications and characteristics the tool evaluates, and (3) what data is collected, where it comes from, and the employer's data retention policy. In addition, the notice must allow candidates to request an alternative selection process or accommodation. This is a pre-decision transparency obligation — the notice must be delivered before the automated screening occurs, not after.

Statutory Text

2. 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.

Other · EmploymentAutomated Decisionmaking

Labor Law § 203-g(3)

Plain Language

This savings clause confirms that the new notice requirements do not diminish any existing right of a job candidate to bring a civil action in court, nor do they limit the Division of Human Rights' authority to enforce New York's Human Rights Law (Executive Law Article 15). It preserves existing enforcement pathways but does not itself create a new private right of action or a new 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.