New York City Department of Consumer and Worker Protection Amendment to Rules of NY City (Use of Automated Employment Decisionmaking Tools)

• Authority: New York, NY
• Parent authority: Local governments
• Jurisdiction: United States
• Collections: U.S. state and local documents
• Most recent activity: Enacted
• Most recent activity date: 2023-07-05

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

• Unfair discrimination and misrepresentation
• Unequal performance across groups
• Lack of transparency or interpretability

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

• Compromise of privacy
• Overreliance and unsafe use
• Lack of capability or robustness

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has good coverage of approximately 3-4 subdomains, with strong focus on unfair discrimination (1.1), unequal performance across groups (1.3), and lack of transparency (7.4). Coverage is concentrated in discrimination/toxicity and AI system safety domains, specifically addressing bias in automated employment decision-making tools.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

• Agriculture, Mining, Construction & Manufacturing
• Trade, Transportation & Utilities
• Information
• Finance & Insurance
• Real Estate, Rental & Leasing
• Professional & Technical Services
• Scientific Research & Development Services
• Management, Administrative & Support Services
• Educational Services
• Health Care & Social Assistance
• Arts, Entertainment & Recreation
• Accommodation, Food & Other Services
• Public Administration (excl. National Security)
• National Security

All other sectors had no coverage in this document.

Sectors Summary

This regulation applies broadly across all economic sectors that employ workers in New York City. It governs the use of automated employment decision tools by any employer or employment agency operating in NYC, regardless of industry. The regulation is sector-agnostic, focusing on the employment function rather than specific industries.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding regulatory amendment to the Rules of the City of New York with mandatory requirements, enforcement mechanisms, and legal obligations for employers and employment agencies using automated employment decision tools.

Actors

Proposer

• Entity Types: AI_Governance_Actor
• Entities: New York City Department of Consumer and Worker Protection
• Summary: The document is titled 'New York City Department of Consumer and Worker Protection Amendment to Rules of NY City' indicating this agency proposed and drafted the regulatory amendment.

Target

• Entity Types: AI_Deployer
• Entities: Employers in New York City; Employment agencies in New York City
• Summary: The regulation explicitly targets employers and employment agencies that use automated employment decision tools for hiring and promotion decisions in New York City.

Enforcer

• Entity Types: AI_Governance_Actor
• Entities: New York City Department of Consumer and Worker Protection
• Summary: As the regulatory agency issuing these rules, the NYC Department of Consumer and Worker Protection has enforcement authority over compliance with these AEDT requirements.

Monitor

• Entity Types: AI_Governance_Actor
• Entities: Independent auditors
• Summary: The regulation establishes a role for independent auditors to conduct bias audits of AEDTs, with specific requirements for auditor independence and qualifications.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

• Collect and Process Data
• Verify and Validate
• Deploy
• Operate and Monitor

AI Lifecycle Summary

The document primarily focuses on the Verify and Validate, Deploy, and Operate and Monitor stages. It mandates bias audits (validation) before deployment and requires ongoing annual audits (monitoring) during operation. It does not substantially address planning, data collection, or model building stages.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

• AI Systems
• Predictive AI
• Task-specific AI

Technical Scope Summary

The document explicitly defines and covers Automated Employment Decision Tools (AEDTs) which use machine learning, statistical modeling, data analytics, or artificial intelligence. It does not mention frontier AI, general purpose AI, foundation models, or compute thresholds. The focus is on task-specific AI systems used for employment decisions.