As previously reported, the New York City Automated Employment Decision Tools (“AEDT”) Law takes effect on July 5, 2023. The Law will impose certain requirements upon employers or employment agencies who use an AEDT to assist in hiring or promotion decisions. Under the Law:
- an AEDT must be subjected to a bias audit by an independent auditor before it is used and a summary of the results of the audit must be posted on the employer’s or employment agency’s website;
- notice must be provided to job candidates and employees who reside in New York City that an AEDT will be used in relation to their assessments; and
- candidates and employees must be given instructions on how to request an alternative selection process or a reasonable accommodation under other laws.
As the effective date approaches, employers, or any employment agencies they rely upon, using any AEDTs, as defined in the Law, should ensure they are in compliance with the new law’s requirements.