NYC releases proposed AI guidance for automated employment decisions

October 2022 employment law letter

Authors:

Paul J. Sweeney, Coughlin & Gerhart, LLP

New York City (NYC) employers have been on edge ever since the city enacted legislation requiring a “bias audit” and disclosures if they use artificial intelligence (AI) to make certain automated employment-related decisions. On September 23, 2022, the NYC Department of Consumer and Worker Protection (DCWP) released proposed guidance that amends Chapter 5 of Title 6 of the Rules of the City of New York by adding a new subchapter T, entitled “Automated Employment Decision Tools.” Public comments on the proposed regulations are due by October 24, 2022, and NYC’s AI law takes effect on January 1, 2023. In addition, the White House just released its own AI guidance. Read on to understand how the new AI guidance will affect employers that do business in or recruit talent from the Big Apple.

New AI guidance

Published results. Before using an automated employment decision tool (AEDT), employers and employment agencies in NYC must make the following publicly available on the careers or jobs section of their website in a clear and conspicuous manner:

Continue reading your article with a HRLaws membership