New York AB A7859

Proposed 2023-07-07 | Official source

Summary

Requires employers and employment agencies to notify job candidates when automated employment decision tools are used to screen candidates.

This document has not been enacted or otherwise finalized and is subject to change. This summary is based on a copy of the document collected 2024-10-16 - refer to the official source for the most current version.

Key facts

🏛️ This document has been proposed by the State of New York, but is not yet enacted. For authoritative text and metadata, visit the official source.

🎯 This document primarily applies to the private sector, rather than the government.

📜 This document's name is An Act to amend the labor law, in relation to automated employment decision tools. AGORA also tracks this document under the name New York AB A7859.

Themes AI risks, applications, governance strategies, and other themes addressed in AGORA documents.

This document has not been enacted or otherwise finalized and is subject to change. This summary is based on a copy of the document collected 2024-10-16 - refer to the official source for the most current version.

Risk factors (1)

Transparency This tag applies to documents that govern whether, how, and/or to what extent people who are affected by or otherwise have an interest in an AI system have access to relevant information about the system.

Governance strategies (3)

AI application areas (1)

Business services and analytics

Full text

This is an unofficial copy. The document has been archived and reformatted in plaintext for AGORA. Footnotes, tables, and similar material may be omitted. For the official text, visit the original source.
This text may be out of date. According to the latest data in AGORA, this document has been proposed, but is not yet enacted or otherwise finalized. This text was collected 2024-10-16 and may have been revised in the meantime. Visit the official source for authoritative text.

AN ACT to amend the labor law, in relation to automated employment deci- sion tools THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS:

Section 1. The labor law is amended by adding a new section 203-f to read as follows: § 203-F. AUTOMATED EMPLOYMENT DECISION TOOLS. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "AUTOMATED EMPLOYMENT DECISION TOOL" MEANS ANY COMPUTATIONAL PROC- ESS, DERIVED FROM MACHINE LEARNING, STATISTICAL MODELING, DATA ANALYT- ICS, OR ARTIFICIAL INTELLIGENCE, THAT ISSUES SIMPLIFIED OUTPUT, INCLUD- ING 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, CALCULA- TOR, SPREADSHEET, DATABASE, DATA SET, OR OTHER COMPILATION OF DATA. (B) "EMPLOYMENT DECISION" MEANS TO SCREEN CANDIDATES FOR EMPLOYMENT.

2. NOTICES REQUIRED. (A) ANY EMPLOYER OR EMPLOYMENT AGENCY THAT USES AN AUTOMATED EMPLOYMENT DECISION TOOL TO SCREEN CANDIDATES WHO HAVE APPLIED FOR A POSITION FOR AN EMPLOYMENT DECISION SHALL NOTIFY EACH SUCH CANDIDATE OF THE FOLLOWING: (I) THAT AN AUTOMATED EMPLOYMENT DECISION TOOL WILL BE USED IN CONNECTION WITH THE ASSESSMENT OR EVALUATION OF SUCH CANDIDATE; (II) THE JOB QUALIFICATIONS AND CHARACTERISTICS THAT SUCH AUTOMATED EMPLOYMENT DECISION TOOL WILL USE IN THE ASSESSMENT OF SUCH CANDIDATE; AND (III) INFORMATION ABOUT THE TYPE OF DATA COLLECTED FOR SUCH AUTOMATED EMPLOYMENT DECISION TOOL, THE SOURCE OF SUCH DATA, AND THE EMPLOYER OR EMPLOYMENT AGENCY'S DATA RETENTION POLICY. (B) 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 TOOL AND SHALL ALLOW SUCH CANDIDATE TO REQUEST AN ALTERNATIVE SELECTION PROCESS OR ACCOMMODATION.

3. CONSTRUCTION. 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. § 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.