WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1)(a) "Automated employment decision toolAutomated employment decision tool"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.Labor Law § 203-g(1)(a)" 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 decisionsEmployment decision"Employment decision" means to screen candidates for employment.Labor Law § 203-g(1)(b) that impact natural persons. "Automated employment decision toolAutomated employment decision tool"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.Labor Law § 203-g(1)(a)" 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.
(1)(b) "Employment decisionEmployment decision"Employment decision" means to screen candidates for employment.Labor Law § 203-g(1)(b)" means to screen candidates for employment.
Subdivision 1 establishes the definitional scope of the bill. Automated employment decision tool is defined broadly to cover any computational process derived from machine learning, statistical modeling, data analytics, or AI that issues simplified output used to substantially assist or replace discretionary employment decision-making. The definition expressly carves out tools that neither automate nor materially impact natural persons, listing junk email filters, firewalls, antivirus software, calculators, spreadsheets, databases, and data compilations as excluded examples.
Employment decision is defined narrowly as screening candidates for employment, which limits the bill's scope to the hiring pipeline and excludes post-hire decisions such as promotion, compensation, or termination.
(2)(a)(i)–(iii) 1 Any employerEmployerNot separately defined in this section; refers to any employer that uses an automated employment decision tool to screen candidates who have applied for a position for an employment decision.Labor Law § 203-g(2)(a) or employment agencyEmployment agencyNot separately defined in this section; refers to any employment agency that uses an automated employment decision tool to screen candidates who have applied for a position for an employment decision.Labor Law § 203-g(2)(a) that uses an automated employment decision toolAutomated employment decision tool"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.Labor Law § 203-g(1)(a) to screen candidates who have applied for a position for an employment decisionEmployment decision"Employment decision" means to screen candidates for employment.Labor Law § 203-g(1)(b) shall notify each such candidate of the following: (i) That an automated employment decision toolAutomated employment decision tool"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.Labor Law § 203-g(1)(a) will be used in connection with the assessment or evaluation of such candidate; (ii) The job qualifications and characteristics that such automated employment decision toolAutomated employment decision tool"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.Labor Law § 203-g(1)(a) will use in the assessment of such candidate; and (iii) Information about the type of data collected for such automated employment decision toolAutomated employment decision tool"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.Labor Law § 203-g(1)(a), the source of such data, and the employerEmployerNot separately defined in this section; refers to any employer that uses an automated employment decision tool to screen candidates who have applied for a position for an employment decision.Labor Law § 203-g(2)(a) or employment agencyEmployment agencyNot separately defined in this section; refers to any employment agency that uses an automated employment decision tool to screen candidates who have applied for a position for an employment decision.Labor Law § 203-g(2)(a)'s data retention policy.
(2)(b) 2 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 toolAutomated employment decision tool"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.Labor Law § 203-g(1)(a) and shall allow such candidate to request an alternative selection process or accommodation.
Subdivision 2 is the bill's operative core. Paragraph (a) requires employers and employment agencies that use automated employment decision tools to screen job applicants to notify each candidate of three categories of information: (1) that an automated tool will be used, (2) the job qualifications and characteristics the tool evaluates, and (3) the type of data collected, its source, and the entity's data retention policy.
Paragraph (b) imposes a timing requirement — notice must be given at least ten business days before the tool is used — and adds a substantive right: candidates must be allowed to request an alternative selection process or accommodation. The accommodation right is notable because it creates a concrete opt-out mechanism, not merely a disclosure obligation.
(3) 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.
Subdivision 3 is a savings clause preserving two existing enforcement avenues: (1) the right of any candidate to bring a civil action in any court of competent jurisdiction, and (2) the authority of the Division of Human Rights to enforce Article 15 of the Executive Law (the New York Human Rights Law). This provision does not create a new private right of action — it clarifies that the bill's notice requirements do not diminish pre-existing legal rights.
This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
The bill takes effect on the first of January next succeeding the date on which it becomes law. If enacted in 2025, the effective date would be January 1, 2026.