New York City's "AI in Hiring Law" is one of the nation's first pieces of legislation aimed at combatting bias and discrimination by companies that use artificial intelligence (AI) during their hiring or promotion processes.
NYC 'Loophole' The law requires employers to conduct an annual bias audit on automated technology tools they use in making hiring and promotion decisions, publish the results on their company websites, and provide notice to job candidates about the automated decision tools they're using.
NYC Local Law 144 prohibits employers from using automated employment decision tools (AEDTs) without an independent auditor assessing the AEDT for bias. Bias audits must be completed and published every 12 months.
New York City's landmark AI bias audit law was intended to accomplish much of what these state proposals are now hoping to tackle. NYC's Local Law 144 creates obligations for employers when AI is used for employment purposes, but only when the automated tools play a predominant role in the decisions.
Local Law 144, enacted in New York City, targets the use of Automated Employment Decision Tools (AEDTs) in hiring practices. This law was introduced as part of a broader initiative to address potential biases and discriminatory practices that could arise from the unchecked use of AI in employment decisions.
The Law prohibits employers and employment agencies from using an automated employment decision tool (AEDT) in New York City unless they ensure a bias audit was done and provide required notices. The Law was enacted in 2021. It took effect on January 1, 2023. Enforcement begins on July 5, 2023.
The bill provides that “an employer in the State” that requests job candidates to record video interviews, and uses AI analysis of the videos submitted, would be required do the following: (i) “notify the applicant before the interview that AI may be used to analyze the applicant's video interview and consider the ...
An example is when a facial recognition system is less accurate in identifying people of color or when a language translation system associates certain languages with certain genders or stereotypes.
Q: What Are the Chances of Winning an EEOC Case? A: The EEOC has a very high success rate when it comes to court decisions, reaching favorable outcomes in nearly 96% of all district court cases stemming from EEOC complaints.
Typical outcomes if discrimination is found An employer may be required to hire, reinstate, or promote an applicant/employee. In addition, an applicant or employee may obtain an award of monetary damages.