The New York City Department of Consumer and Worker Protection (DCWP) has proposed regulations to control the use of automated employment decision tools.
Over the past decade, many companies have adopted some form of automation for the hiring process or employment decision-making. These include software programs that perform: the aggregation of candidates, chatbot interviews, or game-based assessments, to name a few.
These technological innovations have permeated the recruitment process, as well as many other aspects of employee management. However, according to NYC DCWP, there is still a lot of work to be done in addressing systemic bias associated with these tools that obstruct more equitable employment opportunities.
The proposed rules would clarify the requirements for the use of automated employment decision tools within New York City, the notices to employees and candidates for employment regarding the use of the tool, the bias audit for the tool, and the required published results of the bias audit.
Specifically, the new regulations would restrict employers from using automated employment decision tools in hiring and promotion decisions unless it has been the subject of a biased audit by an independent auditor no more than one year before use.
In addition, the regulation imposes certain posting and notice requirements on applicants and employees. The proposed regulations will also provide clear definitions of several key terms that are not defined in previous NYC employment laws.
Anyone who wants to comment on the proposed rules will have a chance to do so on October 24, during a public hearing by DCWP.
