An Act to amend the labor law, in relation to automated employment decision tools

• Authority: New York
• Parent authority: State governments
• Jurisdiction: United States
• Collections: U.S. state and local documents
• Most recent activity: Proposed
• Most recent activity date: 2024-01-03

Risk subdomain coverage

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

• Unfair discrimination and misrepresentation
• Compromise of privacy
• Loss of human agency and autonomy
• Lack of transparency or interpretability

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has minimal coverage of approximately 3-4 subdomains, with primary focus on unfair discrimination (1.1), privacy compromise (2.1), and lack of transparency (7.4). Coverage is concentrated in discrimination/fairness and transparency domains as they relate to employment screening.

Sector coverage

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are 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 document governs AI use across all economic sectors by regulating employers and employment agencies that use automated decision tools for hiring. The regulation is sector-agnostic, applying to any organization that screens job candidates using AI, regardless of industry.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding legislative act amending New York labor law with mandatory notification requirements and enforcement mechanisms through civil action and the Division of Human Rights.

Actors

Proposer

• Entity Types: AI_Governance_Actor
• Entities: New York State Legislature (Senate and Assembly)
• Summary: The document is proposed by the New York State Legislature as indicated by the formal legislative language and enactment clause.

Target

• Entity Types: AI_Deployer
• Entities: Employers; Employment agencies
• Summary: The act explicitly targets employers and employment agencies that use automated employment decision tools to screen job candidates.

Enforcer

• Entity Types: AI_Governance_Actor
• Entities: Division of Human Rights; Courts of competent jurisdiction
• Summary: The document explicitly preserves enforcement authority for the Division of Human Rights and allows candidates to bring civil actions in court.

Monitor

• Entity Types: AI_Governance_Actor
• Entities: Division of Human Rights
• Summary: The Division of Human Rights is referenced as having authority to enforce provisions, which implies monitoring responsibilities under Article Fifteen of the Executive Law.

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
• Deploy
• Operate and Monitor

AI Lifecycle Summary

The document primarily focuses on the Deploy and Operate and Monitor stages of the AI lifecycle, requiring notification before deployment of automated employment decision tools and establishing ongoing obligations for data retention and alternative processes.

Technical Scope

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

• AI Models
• AI Systems
• Predictive AI
• Task-specific AI

Technical Scope Summary

The document explicitly defines and covers automated employment decision tools derived from machine learning, statistical modeling, data analytics, or artificial intelligence. It does not specifically mention frontier AI, general purpose AI, foundation models, or compute thresholds.