NYC-LL144
NYC Local Law 144 — Automated Employment Decision Tools
- I. NYC Local Law 144 of 2021: Automated Employment Decision Tools
- Ch. 1 — NYC Administrative Code, Title 20, Subchapter 25
- Art. 20-870. Definitions (2)
- Art. 20-871. Requirements for automated employment decision tools (9)
- Art. 20-872. Penalties (3)
- Art. 20-873. Enforcement (1)
- Art. 20-874. Effective date and applicability (1)
- Ch. 2 — DCWP Implementing Rules (6 RCNY, Title 6, Subchapter T)
- Art. 5-300. Definitions (4)
- Art. 5-301. Bias audit (7)
- Art. 5-302. Data requirements (6)
- Art. 5-303. Published results (5)
- Art. 5-304. Notice to candidates and employees (10)
Title I — NYC Local Law 144 of 2021: Automated Employment Decision Tools
Chapter 1 — NYC Administrative Code, Title 20, Subchapter 25
Article 20-870. Definitions
2 obligations
NYC-LL144-20-870-01
Requirement
Conduct Independent Bias Audit of Automated Employment Decision Tools
Employers must ensure that automated employment decision tools used for employment decisions undergo an impartial evalua
NYC-LL144-20-870-02
Requirement
Test for Disparate Impact on Protected Categories
The bias audit must include testing to assess the automated employment decision tool's disparate impact on persons of pr
Article 20-871. Requirements for automated employment decision tools
9 obligations
NYC-LL144-20-871-01
Requirement
Conduct bias audit within one year
Automated employment decision tools must undergo a bias audit conducted no more than one year prior to their use for scr
NYC-LL144-20-871-02
Transparency
Publish bias audit summary and distribution date
A summary of the most recent bias audit results and the distribution date of the tool must be made publicly available on
NYC-LL144-20-871-03
Transparency
Notify job candidates of automated tool use (10 days advance)
Candidates for employment residing in NYC must be notified at least ten business days before an automated employment dec
NYC-LL144-20-871-04
Transparency
Disclose job qualifications and characteristics to candidates
Candidates must be informed of the specific job qualifications and characteristics that the automated employment decisio
NYC-LL144-20-871-05
Data Governance
Provide data information to candidates upon request (30 days)
If not disclosed on website, employers must provide information about data types collected, data sources, and retention
NYC-LL144-20-871-06
Human Oversight
Enable alternative selection process requests for candidates
Candidates who have been notified about automated tool use may request an alternative selection process or accommodation
NYC-LL144-20-871-07
Transparency
Notify employees of automated tool use for promotion (10 days advance)
Employees residing in NYC being considered for promotion must be notified at least ten business days before automated to
NYC-LL144-20-871-08
Transparency
Disclose job qualifications and characteristics to employees
Employees being considered for promotion must be informed of the specific job qualifications and characteristics that th
NYC-LL144-20-871-09
Data Governance
Provide data information to employees upon request (30 days)
If not disclosed on employer's website, information about data types collected, data sources, and retention policy must
Article 20-872. Penalties
3 obligations
NYC-LL144-20-872-01
Conformity
Comply with penalty structure for violations
Any person that violates any provision of this subchapter or any rule promulgated thereunder is subject to civil penalti
NYC-LL144-20-872-02
Conformity
Avoid daily violations through compliant tool usage
Each day on which an automated employment decision tool is used in violation of this subchapter constitutes a separate v
NYC-LL144-20-872-03
Transparency
Provide required notices to avoid separate violations
Each failure to provide notice to a candidate for employment or an employee as required under section 20-871 constitutes
Article 20-873. Enforcement
1 obligation
Article 20-874. Effective date and applicability
1 obligation
Chapter 2 — DCWP Implementing Rules (6 RCNY, Title 6, Subchapter T)
Article 5-300. Definitions
4 obligations
NYC-LL144-5-300-01
Conformity
Use definitions from section 20-870 for AEDT
When interpreting this subchapter, use the definition of 'Automated employment decision tool' or 'AEDT' as set forth in
NYC-LL144-5-300-02
Conformity
Use definitions from section 20-870 for bias audit
When interpreting this subchapter, use the definition of 'Bias audit' as set forth in section 20-870 of the administrati
NYC-LL144-5-300-03
Conformity
Use definitions from section 20-870 for employment decision
When interpreting this subchapter, use the definition of 'Employment decision' as set forth in section 20-870 of the adm
NYC-LL144-5-300-04
Requirement
Ensure independent auditor meets qualification requirements
When selecting an independent auditor for bias audits, ensure the auditor is capable of exercising objective and imparti
Article 5-301. Bias audit
5 obligations
NYC-LL144-5-301-01
Requirement
Calculate selection rates for EEOC race/ethnicity and sex categories
Must calculate the selection rate for each race/ethnicity category and sex category that is required to be reported to t
NYC-LL144-5-301-02
Requirement
Calculate impact ratios for EEOC race/ethnicity and sex categories
Must calculate the impact ratio for each race/ethnicity category and sex category that is required to be reported to the
NYC-LL144-5-301-03
Requirement
Calculate selection rates and impact ratios for intersectional categories
Must calculate the selection rate and impact ratio for the intersectional categories of sex and race/ethnicity
NYC-LL144-5-301-04
Requirement
Calculate selection rates for selection-based AEDTs
Where an AEDT selects candidates for employment or employees being considered for promotion to move forward in the hirin
NYC-LL144-5-301-05
Requirement
Calculate scoring rates for scoring-based AEDTs
Where an AEDT scores candidates for employment or employees being considered for promotion, the bias audit shall calcula