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) 1 An employerEmployerNot separately defined in this section; the term carries its ordinary meaning under New York Labor Law.Labor Law § 211-b shall not use an automated system, including, but not limited to, an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" means any computational, algorithmic, artificial intelligence-based, or statistical system that assists in screening, ranking, scoring, evaluating, recommending, filtering or selecting applicants.Labor Law § 211-b(6)(a), algorithm, artificial intelligence system, or similar automated process to screen resumes or applicants unless there is a meaningful human review of the output of such automated system prior to making any final or adverse employment decision.
This subdivision establishes the bill's core prohibition: an employer may not use any automated system — including automated employment decision tools, algorithms, AI systems, or similar automated processes — to screen resumes or applicants unless a meaningful human review of the automated system's output occurs before making any final or adverse employment decision. The obligation attaches to the employer regardless of whether the automated system is developed in-house or procured from a vendor.
(2) 2 No applicant for employment may be denied employment solely on the basis of an action by an automated system. Any recommendations, scores, rankings, or filters made or applied by an automated system shall be subject to human evaluation and override authority.
This subdivision reinforces the human oversight mandate with two complementary rules. First, no applicant may be denied employment solely on the basis of an automated system's action — an absolute prohibition on fully automated adverse employment decisions. Second, all recommendations, scores, rankings, or filters produced by the automated system must be subject to human evaluation and override authority, ensuring that the human reviewer has practical ability to set aside the AI's output at every stage.
(3)(a)–(c) 3 Any employerEmployerNot separately defined in this section; the term carries its ordinary meaning under New York Labor Law.Labor Law § 211-b that uses an automated system in the hiring process shall: (a) notify applicants that an automated system will be used; (b) describe, in plain language, the type of data analyzed; and (c) describe the role of the human reviewer in the final employment decision.
This subdivision imposes a three-part disclosure obligation on employers using automated systems in hiring. Employers must notify applicants that an automated system will be used, describe in plain language the type of data the system analyzes, and describe the role of the human reviewer in the final employment decision. These disclosures ensure applicants understand both the technology and the human oversight process before the system acts on their application.
(4) 4 When an automated system is used in the process of making employment decisions, an applicant who received an adverse employment decision shall be entitled to receive a human-conducted review of the employment decision upon the request of such applicant.
This subdivision grants applicants who receive an adverse employment decision a right to request a human-conducted review. This is distinct from the mandatory pre-decision human review required under subdivision (1) — here the applicant can invoke a post-decision right to have the employment decision re-examined by a human. The statute does not specify a timeline for making or completing the review request.
(5) The commissioner shall be authorized to enforce the provisions of this section. Upon a finding that a violation of this section has occurred, the commissioner may issue administrative fines and cease-and-desist orders and may require corrective action for such violations.
This subdivision vests enforcement authority in the Commissioner of Labor. Upon finding a violation, the commissioner may issue administrative fines, cease-and-desist orders, and require corrective action. No private right of action is created. The absence of enumerated fine amounts or penalty schedules leaves penalty specifics to the commissioner's discretion or future rulemaking under subdivision (7).
(6)(a) "Automated employment decision toolAutomated employment decision tool"Automated employment decision tool" means any computational, algorithmic, artificial intelligence-based, or statistical system that assists in screening, ranking, scoring, evaluating, recommending, filtering or selecting applicants.Labor Law § 211-b(6)(a)" means any computational, algorithmic, artificial intelligence-based, or statistical system that assists in screening, ranking, scoring, evaluating, recommending, filtering or selecting applicants.
(6)(b) "Meaningful human reviewMeaningful human review"Meaningful human review" means a deliberate evaluation conducted by a human with decision-making authority to modify or overturn the outcome or employment decision of an automated system.Labor Law § 211-b(6)(b)" means a deliberate evaluation conducted by a human with decision-making authority to modify or overturn the outcome or employment decision of an automated system.
This subdivision defines two key terms: automated employment decision tool and meaningful human review. The automated employment decision tool definition is broad, encompassing any computational, algorithmic, AI-based, or statistical system that assists in screening, ranking, scoring, evaluating, recommending, filtering, or selecting applicants. The meaningful human review definition requires a deliberate evaluation by a human with decision-making authority to modify or overturn the automated system's outcome.
(7) The commissioner is authorized to promulgate any rules and regulations necessary to implement the provisions of this section.
This subdivision authorizes the Commissioner of Labor to promulgate rules and regulations necessary to implement the section's provisions. This grants the commissioner discretion to fill gaps in the statute — including, potentially, fine schedules, applicant notification formats, and standards for what constitutes adequate human review processes.
This act shall take effect immediately.
The act takes effect immediately upon enactment. There is no phase-in or delayed effective date for any of the bill's provisions.