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-f(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-f(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-f(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-f(1)(b)" means to screen candidates for employment.
This subdivision establishes the two key definitions for the section. Automated employment decision tool is defined broadly to encompass any computational process derived from machine learning, statistical modeling, data analytics, or AI that produces simplified output — scores, classifications, or recommendations — used to substantially assist or replace discretionary hiring decisions affecting natural persons. The definition includes a carve-out for tools that do not automate or materially impact decision-making, such as spam filters, calculators, and spreadsheets. Employment decision is defined narrowly as screening candidates for employment.
(2)(a)(i)–(iii) 1 Any employer or employment agency 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-f(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-f(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-f(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-f(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-f(1)(a), the source of such data, and the employer or employment agency'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-f(1)(a) and shall allow such candidate to request an alternative selection process or accommodation.
This subdivision imposes the bill's core obligation: any employer or employment agency using an automated employment decision tool to screen job applicants must provide each candidate with advance notice covering three categories of information — that an automated tool will be used, the job qualifications and characteristics the tool assesses, and the type, source, and retention policy for data collected. The notice must be delivered at least ten business days before the tool is used, and candidates must be allowed to request an alternative selection process or accommodation.
The notice obligation is triggered by the act of using an automated employment decision tool to screen candidates who have applied for a position, meaning it applies at the screening stage of the hiring pipeline rather than at later stages of employment.
(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.
This subdivision is a savings clause clarifying that the new section does not limit existing rights. It preserves any candidate's right to bring a civil action in a court of competent jurisdiction and preserves the authority of the New York Division of Human Rights to enforce Article 15 of the Executive Law (the New York Human Rights Law). Notably, the bill does not itself create a new private right of action or designate a new enforcement mechanism — it merely preserves pre-existing avenues.
This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
The act takes effect on the first of January next succeeding the date on which it becomes law. Because the bill has not been enacted, the effective date is indeterminate.