WHAT THIS BILL REGULATES · 5 REQUIREMENT TYPES
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) "Artificial intelligenceArtificial intelligence"Artificial intelligence" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. An artificial intelligence system uses machine and human-based inputs to: (a) perceive real and virtual environments; (b) abstract such perceptions into models through analysis in an automated manner; and (c) use model inference to formulate options for information or action.Labor Law § 750(1)" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. An artificial intelligenceArtificial intelligence"Artificial intelligence" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. An artificial intelligence system uses machine and human-based inputs to: (a) perceive real and virtual environments; (b) abstract such perceptions into models through analysis in an automated manner; and (c) use model inference to formulate options for information or action.Labor Law § 750(1) system uses machine and human-based inputs to: (a) perceive real and virtual environments; (b) abstract such perceptions into models through analysis in an automated manner; and (c) use model inference to formulate options for information or action.
(2) "Automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2)" shall mean a system or service that uses artificial intelligenceArtificial intelligence"Artificial intelligence" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. An artificial intelligence system uses machine and human-based inputs to: (a) perceive real and virtual environments; (b) abstract such perceptions into models through analysis in an automated manner; and (c) use model inference to formulate options for information or action.Labor Law § 750(1) and has been specifically developed and marketed to, or specifically modified to be, the controlling factorControlling factor"Controlling factor" shall mean a factor that is weighted more than all other factors combined.Labor Law § 750(4) in making a consequential employment decisionConsequential employment decision"Consequential employment decision" shall mean a determination made by a deployer to hire, promote, or terminate the employment of an individual.Labor Law § 750(3).
(3) "Consequential employment decisionConsequential employment decision"Consequential employment decision" shall mean a determination made by a deployer to hire, promote, or terminate the employment of an individual.Labor Law § 750(3)" shall mean a determination made by a deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5) to hire, promote, or terminate the employment of an individual.
(4) "Controlling factorControlling factor"Controlling factor" shall mean a factor that is weighted more than all other factors combined.Labor Law § 750(4)" shall mean a factor that is weighted more than all other factors combined.
(5) "DeployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5)" shall mean any person, partnership, or corporation that uses an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2) for a consequential employment decisionConsequential employment decision"Consequential employment decision" shall mean a determination made by a deployer to hire, promote, or terminate the employment of an individual.Labor Law § 750(3).
(6) "DeveloperDeveloper"Developer" shall mean any person, partnership, or corporation that knowingly designs, codes, or produces an automated employment decision tool, or substantially modifies an artificial intelligence system or service for the intended purpose of being the controlling factor in a consequential employment decision, whether for its own use or for use by a third party.Labor Law § 750(6)" shall mean any person, partnership, or corporation that knowingly designs, codes, or produces an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2), or substantially modifies an artificial intelligenceArtificial intelligence"Artificial intelligence" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. An artificial intelligence system uses machine and human-based inputs to: (a) perceive real and virtual environments; (b) abstract such perceptions into models through analysis in an automated manner; and (c) use model inference to formulate options for information or action.Labor Law § 750(1) system or service for the intended purpose of being the controlling factorControlling factor"Controlling factor" shall mean a factor that is weighted more than all other factors combined.Labor Law § 750(4) in a consequential employment decisionConsequential employment decision"Consequential employment decision" shall mean a determination made by a deployer to hire, promote, or terminate the employment of an individual.Labor Law § 750(3), whether for its own use or for use by a third party.
(7) "Impact assessmentImpact assessment"Impact assessment" shall mean a documented risk-based evaluation of an automated employment decision tool, in accordance with the minimum requirements in subdivision two of section seven hundred fifty-two of this article and subdivision three of section seven hundred fifty-three of this article, respectively.Labor Law § 750(7)" shall mean a documented risk-based evaluation of an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2), in accordance with the minimum requirements in subdivision two of section seven hundred fifty-two of this article and subdivision three of section seven hundred fifty-three of this article, respectively.
Section 750 establishes the defined terms for Article 20-D. The scope is narrowed significantly by the controlling factor threshold — the AI tool must be weighted more than all other factors combined in the employment decision, which is a higher bar than most comparable state AEDT bills. Consequential employment decision is limited to hiring, promotion, and termination, excluding compensation, scheduling, and other employment terms. The developer definition captures both original creators and entities that substantially modify an existing AI system for employment-decision purposes.
(1) 1 A deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5) shall not use an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2) in a manner that violates article fifteen of the executive law.
(2) Nothing in this section shall limit a deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5) from processing data for the purpose of preventing or addressing unlawful discrimination or complying with this article or otherwise evaluating the effectiveness of an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2).
Section 751 prohibits deployers from using an automated employment decision tool in a manner that violates Article 15 of the Executive Law (the New York Human Rights Law). This incorporates the full scope of New York's existing anti-discrimination protections into the AEDT context, including prohibitions on discrimination based on race, creed, color, national origin, sex, sexual orientation, gender identity, disability, age, and other protected characteristics. The savings clause in subdivision 2 expressly permits data processing for the purpose of preventing or addressing unlawful discrimination or evaluating tool effectiveness.
(1) 2 Within one year of the effective date of this section, and annually thereafter, a deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5) shall perform an impact assessmentImpact assessment"Impact assessment" shall mean a documented risk-based evaluation of an automated employment decision tool, in accordance with the minimum requirements in subdivision two of section seven hundred fifty-two of this article and subdivision three of section seven hundred fifty-three of this article, respectively.Labor Law § 750(7) for any automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2) that such deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5) uses.
(2)(a)–(g) 2 The impact assessmentImpact assessment"Impact assessment" shall mean a documented risk-based evaluation of an automated employment decision tool, in accordance with the minimum requirements in subdivision two of section seven hundred fifty-two of this article and subdivision three of section seven hundred fifty-three of this article, respectively.Labor Law § 750(7) required pursuant to subdivision one of this section shall include, but not be limited to: (a) A statement of the purpose of the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2) and its benefits, uses, and deployment contexts; (b) A description of the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2)'s output and how such output is the controlling factorControlling factor"Controlling factor" shall mean a factor that is weighted more than all other factors combined.Labor Law § 750(4) in a consequential employment decisionConsequential employment decision"Consequential employment decision" shall mean a determination made by a deployer to hire, promote, or terminate the employment of an individual.Labor Law § 750(3); (c) A summary of the type of data collected from an individual and processed by the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2) when such tool is the controlling factorControlling factor"Controlling factor" shall mean a factor that is weighted more than all other factors combined.Labor Law § 750(4) in a consequential employment decisionConsequential employment decision"Consequential employment decision" shall mean a determination made by a deployer to hire, promote, or terminate the employment of an individual.Labor Law § 750(3); (d) A statement of the extent to which the deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5)'s use of the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2) is consistent with or varies from the developerDeveloper"Developer" shall mean any person, partnership, or corporation that knowingly designs, codes, or produces an automated employment decision tool, or substantially modifies an artificial intelligence system or service for the intended purpose of being the controlling factor in a consequential employment decision, whether for its own use or for use by a third party.Labor Law § 750(6)'s statement of intended use provided to such deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5) pursuant to subdivision one of section seven hundred fifty-three of this article; (e) An assessment of any reasonably foreseeable risk of unlawful discrimination arising from the deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5)'s use of the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2) and a description of the safeguard implemented or that will be implemented by such deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5) to mitigate such risk; (f) A description of how the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2) is used and monitored by the deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5) when it is the controlling factorControlling factor"Controlling factor" shall mean a factor that is weighted more than all other factors combined.Labor Law § 750(4) in a consequential employment decisionConsequential employment decision"Consequential employment decision" shall mean a determination made by a deployer to hire, promote, or terminate the employment of an individual.Labor Law § 750(3); and (g) A description of how the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2) has been or will be evaluated for validity or relevance.
Section 752 requires deployers to conduct annual impact assessments for every automated employment decision tool in use, beginning within one year of the effective date. The assessment must cover the tool's purpose, output, data types collected, consistency with the developer's stated intended use, foreseeable discrimination risks and mitigation safeguards, monitoring practices, and validity or relevance evaluation. This is a recurring obligation — not a one-time pre-deployment exercise — and the assessment content requirements are enumerated as minimum elements, meaning deployers may need to go further depending on context.
(1)(a)–(c) 3 A developerDeveloper"Developer" shall mean any person, partnership, or corporation that knowingly designs, codes, or produces an automated employment decision tool, or substantially modifies an artificial intelligence system or service for the intended purpose of being the controlling factor in a consequential employment decision, whether for its own use or for use by a third party.Labor Law § 750(6) shall provide a deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5) with a statement regarding the intended use of the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2) and documentation regarding: (a) The known limitations of the consequential automated decision tool, including any reasonably foreseeable risk of unlawful discrimination arising from its intended use; (b) A description of the type of data used to program or train the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2); and (c) A description of how the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2) was evaluated for validity and explainability before sale or licensing.
(2) 4 Within one year of the effective date of this section, and annually thereafter, a developerDeveloper"Developer" shall mean any person, partnership, or corporation that knowingly designs, codes, or produces an automated employment decision tool, or substantially modifies an artificial intelligence system or service for the intended purpose of being the controlling factor in a consequential employment decision, whether for its own use or for use by a third party.Labor Law § 750(6) shall perform an impact assessmentImpact assessment"Impact assessment" shall mean a documented risk-based evaluation of an automated employment decision tool, in accordance with the minimum requirements in subdivision two of section seven hundred fifty-two of this article and subdivision three of section seven hundred fifty-three of this article, respectively.Labor Law § 750(7) for any automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2) made available for sale or licensing.
(3)(a)–(e) 4 The impact assessmentImpact assessment"Impact assessment" shall mean a documented risk-based evaluation of an automated employment decision tool, in accordance with the minimum requirements in subdivision two of section seven hundred fifty-two of this article and subdivision three of section seven hundred fifty-three of this article, respectively.Labor Law § 750(7) required pursuant to subdivision one of this section shall include, but not be limited to: (a) A statement of the intended purpose of the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2) and its intended benefits, uses, and deployment contexts; (b) A description of the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2)'s output and how such output is intended to be the controlling factorControlling factor"Controlling factor" shall mean a factor that is weighted more than all other factors combined.Labor Law § 750(4) in consequential employment decisionsConsequential employment decision"Consequential employment decision" shall mean a determination made by a deployer to hire, promote, or terminate the employment of an individual.Labor Law § 750(3); (c) A summary of the type of data the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2) is intended to collect from an individual when it is the controlling factorControlling factor"Controlling factor" shall mean a factor that is weighted more than all other factors combined.Labor Law § 750(4) in a consequential employment decisionConsequential employment decision"Consequential employment decision" shall mean a determination made by a deployer to hire, promote, or terminate the employment of an individual.Labor Law § 750(3); (d) An assessment of any reasonably foreseeable risk of unlawful discrimination arising from the intended use of the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2) and a description of the safeguard implemented or that will be implemented by the developerDeveloper"Developer" shall mean any person, partnership, or corporation that knowingly designs, codes, or produces an automated employment decision tool, or substantially modifies an artificial intelligence system or service for the intended purpose of being the controlling factor in a consequential employment decision, whether for its own use or for use by a third party.Labor Law § 750(6) to mitigate such risk; and (e) A description of how the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2) can be monitored by the deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5) when it is the controlling factorControlling factor"Controlling factor" shall mean a factor that is weighted more than all other factors combined.Labor Law § 750(4) in a consequential employment decisionConsequential employment decision"Consequential employment decision" shall mean a determination made by a deployer to hire, promote, or terminate the employment of an individual.Labor Law § 750(3).
(4) This section does not require a developerDeveloper"Developer" shall mean any person, partnership, or corporation that knowingly designs, codes, or produces an automated employment decision tool, or substantially modifies an artificial intelligence system or service for the intended purpose of being the controlling factor in a consequential employment decision, whether for its own use or for use by a third party.Labor Law § 750(6) to disclose any trade secret, as defined by section 1839 of title 18 of the United States code, or other privileged or confidential business information to a deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5).
Section 753 imposes parallel obligations on developers. Developers must provide deployers with documentation covering intended use, known limitations including discrimination risks, training data types, and pre-sale validity and explainability evaluations. Developers must also conduct their own annual impact assessments with content requirements that mirror but do not duplicate the deployer assessment — focused on intended purpose, intended output, intended data collection, discrimination risk safeguards, and deployer monitoring capabilities. The trade-secret carve-out in subdivision 4 protects developers from having to disclose trade secrets or confidential business information to deployers in connection with this documentation obligation.
(1)–(2)(a)–(e) 5 A deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5) or developerDeveloper"Developer" shall mean any person, partnership, or corporation that knowingly designs, codes, or produces an automated employment decision tool, or substantially modifies an artificial intelligence system or service for the intended purpose of being the controlling factor in a consequential employment decision, whether for its own use or for use by a third party.Labor Law § 750(6) shall establish, document, implement, and maintain a governance program that contains reasonable administrative and technical safeguards to map, measure, manage, and govern the reasonably foreseeable risk of unlawful discrimination associated with the use or intended use of an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2). The safeguards required pursuant to subdivision one of this section shall be appropriate to: (a) The use or intended use of the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2); (b) The entity's role as a deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5), developerDeveloper"Developer" shall mean any person, partnership, or corporation that knowingly designs, codes, or produces an automated employment decision tool, or substantially modifies an artificial intelligence system or service for the intended purpose of being the controlling factor in a consequential employment decision, whether for its own use or for use by a third party.Labor Law § 750(6), or both; (c) The deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5) or developerDeveloper"Developer" shall mean any person, partnership, or corporation that knowingly designs, codes, or produces an automated employment decision tool, or substantially modifies an artificial intelligence system or service for the intended purpose of being the controlling factor in a consequential employment decision, whether for its own use or for use by a third party.Labor Law § 750(6)'s size, complexity, and resources; (d) The nature, context, and scope of the activities of the deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5) or developerDeveloper"Developer" shall mean any person, partnership, or corporation that knowingly designs, codes, or produces an automated employment decision tool, or substantially modifies an artificial intelligence system or service for the intended purpose of being the controlling factor in a consequential employment decision, whether for its own use or for use by a third party.Labor Law § 750(6) in connection with the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2); and (e) The technical feasibility and cost of available tools, assessments, and other means used by the deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5) or developerDeveloper"Developer" shall mean any person, partnership, or corporation that knowingly designs, codes, or produces an automated employment decision tool, or substantially modifies an artificial intelligence system or service for the intended purpose of being the controlling factor in a consequential employment decision, whether for its own use or for use by a third party.Labor Law § 750(6) to map, measure, manage, and govern the risks associated with an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2).
(3)(a)(i)–(ii) 6 A governance program required pursuant to subdivision one of this section shall be designed to, at a minimum: (a) Designate one or more employees to be responsible for overseeing and maintaining the governance program and compliance with this article; (i) An employee designated pursuant to this paragraph may assert to their employer a good faith belief that the design, production, or use of an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2) fails to comply with the requirements of this article. (ii) An employer of an employee designated pursuant to this paragraph shall conduct a prompt and complete assessment of any compliance issue raised by such employee.
(3)(b)–(g) 5 Identify and implement safeguards to address reasonably foreseeable risks of unlawful discrimination resulting from the use or intended use of an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2); (c) When acting as a deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5), conduct impact assessmentsImpact assessment"Impact assessment" shall mean a documented risk-based evaluation of an automated employment decision tool, in accordance with the minimum requirements in subdivision two of section seven hundred fifty-two of this article and subdivision three of section seven hundred fifty-three of this article, respectively.Labor Law § 750(7) in accordance with section seven hundred fifty-two of this article; (d) When acting as a developerDeveloper"Developer" shall mean any person, partnership, or corporation that knowingly designs, codes, or produces an automated employment decision tool, or substantially modifies an artificial intelligence system or service for the intended purpose of being the controlling factor in a consequential employment decision, whether for its own use or for use by a third party.Labor Law § 750(6), meet all obligations required pursuant to section seven hundred fifty-three of this article; (e) Conduct an annual and comprehensive review of the policies, practices, and procedures to ensure compliance with this article; (f) Maintain the results of the impact assessmentImpact assessment"Impact assessment" shall mean a documented risk-based evaluation of an automated employment decision tool, in accordance with the minimum requirements in subdivision two of section seven hundred fifty-two of this article and subdivision three of section seven hundred fifty-three of this article, respectively.Labor Law § 750(7) required by this article for two years after the completion of such impact assessmentImpact assessment"Impact assessment" shall mean a documented risk-based evaluation of an automated employment decision tool, in accordance with the minimum requirements in subdivision two of section seven hundred fifty-two of this article and subdivision three of section seven hundred fifty-three of this article, respectively.Labor Law § 750(7); and (g) Evaluate and make reasonable adjustments to administrative and technical safeguards in light of material changes in technology, the risks associated with the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2), the state of technical standards, and changes in the business arrangements or operations of the deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5) or developerDeveloper"Developer" shall mean any person, partnership, or corporation that knowingly designs, codes, or produces an automated employment decision tool, or substantially modifies an artificial intelligence system or service for the intended purpose of being the controlling factor in a consequential employment decision, whether for its own use or for use by a third party.Labor Law § 750(6).
Section 754 requires both deployers and developers to establish, document, implement, and maintain a governance program containing reasonable administrative and technical safeguards to manage the foreseeable discrimination risks of automated employment decision tools. The program must be scaled to the entity's role, size, complexity, resources, and technical feasibility. The minimum program requirements include designating responsible compliance personnel (who are granted whistleblower-like protections to raise compliance concerns), identifying and implementing discrimination safeguards, conducting impact assessments per §§ 752–753, performing annual comprehensive compliance reviews, retaining impact assessment results for two years, and adjusting safeguards in response to material changes in technology or business operations.
(1)–(2)(a)–(c) 7 A deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5) shall, at or before the time of a consequential employment decisionConsequential employment decision"Consequential employment decision" shall mean a determination made by a deployer to hire, promote, or terminate the employment of an individual.Labor Law § 750(3), notify the individual that is the subject of the consequential employment decisionConsequential employment decision"Consequential employment decision" shall mean a determination made by a deployer to hire, promote, or terminate the employment of an individual.Labor Law § 750(3) that an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2) is in use. A deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5) shall provide the following information to an individual notified pursuant to subdivision one of this section: (a) A statement of the purpose of the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2); (b) A plain language description of how the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2) is the controlling factorControlling factor"Controlling factor" shall mean a factor that is weighted more than all other factors combined.Labor Law § 750(4) in the consequential employment decisionConsequential employment decision"Consequential employment decision" shall mean a determination made by a deployer to hire, promote, or terminate the employment of an individual.Labor Law § 750(3); and (c) Contact information of the deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5).
(3)(a)–(b) 8 A deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5) or developerDeveloper"Developer" shall mean any person, partnership, or corporation that knowingly designs, codes, or produces an automated employment decision tool, or substantially modifies an artificial intelligence system or service for the intended purpose of being the controlling factor in a consequential employment decision, whether for its own use or for use by a third party.Labor Law § 750(6) shall make publicly available, in a readily accessible manner, a plain language policy that provides a summary of the following: (a) The type of automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2) currently in use or made available to others for use; and (b) How the deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5) or developerDeveloper"Developer" shall mean any person, partnership, or corporation that knowingly designs, codes, or produces an automated employment decision tool, or substantially modifies an artificial intelligence system or service for the intended purpose of being the controlling factor in a consequential employment decision, whether for its own use or for use by a third party.Labor Law § 750(6) manages any reasonably foreseeable risk of unlawful discrimination that arises from the automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2) currently in use or made available to others for use.
Section 755 imposes three transparency obligations. The first two fall on deployers: they must notify individuals at or before the time of a consequential employment decision that an AEDT is in use, and must provide the individual with a statement of the tool's purpose, a plain-language description of how it controls the decision, and deployer contact information. The third obligation applies to both deployers and developers, requiring them to publish a plain-language policy summarizing the types of AEDTs in use or offered and how foreseeable discrimination risks are managed.
(1)(a)–(c) 9 The attorney general may initiate an investigation of a deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5) or developerDeveloper"Developer" shall mean any person, partnership, or corporation that knowingly designs, codes, or produces an automated employment decision tool, or substantially modifies an artificial intelligence system or service for the intended purpose of being the controlling factor in a consequential employment decision, whether for its own use or for use by a third party.Labor Law § 750(6) if a preponderance of the evidence establishes a suspicion of a violation of this article. (a) Upon the request of the attorney general, a deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5) or developerDeveloper"Developer" shall mean any person, partnership, or corporation that knowingly designs, codes, or produces an automated employment decision tool, or substantially modifies an artificial intelligence system or service for the intended purpose of being the controlling factor in a consequential employment decision, whether for its own use or for use by a third party.Labor Law § 750(6) shall, within forty-five days, provide to the attorney general any impact assessmentImpact assessment"Impact assessment" shall mean a documented risk-based evaluation of an automated employment decision tool, in accordance with the minimum requirements in subdivision two of section seven hundred fifty-two of this article and subdivision three of section seven hundred fifty-three of this article, respectively.Labor Law § 750(7) performed pursuant to this article. (b) The disclosure of an impact assessmentImpact assessment"Impact assessment" shall mean a documented risk-based evaluation of an automated employment decision tool, in accordance with the minimum requirements in subdivision two of section seven hundred fifty-two of this article and subdivision three of section seven hundred fifty-three of this article, respectively.Labor Law § 750(7) pursuant to paragraph (a) of this subdivision does not constitute a waiver of any attorney-client privilege or work-product protection that might otherwise exist with respect to such impact assessmentImpact assessment"Impact assessment" shall mean a documented risk-based evaluation of an automated employment decision tool, in accordance with the minimum requirements in subdivision two of section seven hundred fifty-two of this article and subdivision three of section seven hundred fifty-three of this article, respectively.Labor Law § 750(7) and any information contained therein. (c) A trade secret, as defined by section 1839 of title 18 of the United States code, that is contained in an impact assessmentImpact assessment"Impact assessment" shall mean a documented risk-based evaluation of an automated employment decision tool, in accordance with the minimum requirements in subdivision two of section seven hundred fifty-two of this article and subdivision three of section seven hundred fifty-three of this article, respectively.Labor Law § 750(7) disclosed to the attorney general pursuant to paragraph (a) of this subdivision is exempt from article six of the public officers law.
(2)(a)–(b) The attorney general shall provide written notice to a deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5) or developer of an alleged violation of this article at least forty-five days prior to commencing an enforcement action. (b) The deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5) or developerDeveloper"Developer" shall mean any person, partnership, or corporation that knowingly designs, codes, or produces an automated employment decision tool, or substantially modifies an artificial intelligence system or service for the intended purpose of being the controlling factor in a consequential employment decision, whether for its own use or for use by a third party.Labor Law § 750(6) may cure the noticed violation within forty-five days of receiving the written notice required by paragraph (a) of this subdivision.
Section 756 vests enforcement authority exclusively in the attorney general, who may initiate an investigation upon a preponderance-of-the-evidence standard of suspicion. Deployers and developers must produce impact assessments within 45 days of an AG request, with attorney-client privilege and work-product protection preserved and trade secrets exempt from FOIL disclosure. Before commencing enforcement, the AG must provide 45 days' written notice, and the entity has 45 days to cure the noticed violation. This is a generous cure window that significantly moderates enforcement risk.
10 A deployerDeployer"Deployer" shall mean any person, partnership, or corporation that uses an automated employment decision tool for a consequential employment decision.Labor Law § 750(5) or developerDeveloper"Developer" shall mean any person, partnership, or corporation that knowingly designs, codes, or produces an automated employment decision tool, or substantially modifies an artificial intelligence system or service for the intended purpose of being the controlling factor in a consequential employment decision, whether for its own use or for use by a third party.Labor Law § 750(6) that complies with this article shall be deemed compliant with any law, regulation, rule, requirement, or standard related to the performance of an impact assessmentImpact assessment"Impact assessment" shall mean a documented risk-based evaluation of an automated employment decision tool, in accordance with the minimum requirements in subdivision two of section seven hundred fifty-two of this article and subdivision three of section seven hundred fifty-three of this article, respectively.Labor Law § 750(7), audit, or governance program, or the equivalent thereof, of an automated employment decision toolAutomated employment decision tool"Automated employment decision tool" shall mean a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to be, the controlling factor in making a consequential employment decision.Labor Law § 750(2) that is adopted, maintained, or enforced by a political subdivision of New York state.
Section 757 provides that a deployer or developer in compliance with Article 20-D is deemed compliant with any local subdivision's laws, regulations, rules, or standards related to impact assessments, audits, or governance programs for automated employment decision tools. This is a state preemption of local AEDT regulation — notably relevant given NYC Local Law 144's existing bias audit requirements for AEDTs. Entities complying with this state framework would be shielded from additional local compliance burdens in the same subject areas.