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A07859 Summary:

SPONSORRosenthal L
COSPNSRGlick, Levenberg, Shimsky, Simon, Darling
Add §203-f, Lab L
Requires employers and employment agencies to notify candidates for employment if machine learning technology is used to make hiring decisions prior to the use of such technology.
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A07859 Actions:

07/07/2023referred to labor
01/03/2024referred to labor
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A07859 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                      July 7, 2023
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Labor
        AN ACT to amend the labor law, in relation to automated employment deci-
          sion tools
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The labor law is amended by adding a new section 203-f to
     2  read as follows:
     3    § 203-f. Automated employment decision tools. 1. Definitions. For  the
     4  purposes  of  this section, the following terms shall have the following
     5  meanings:
     6    (a) "Automated employment decision tool" means any computational proc-
     7  ess, derived from machine learning, statistical modeling,  data  analyt-
     8  ics,  or artificial intelligence, that issues simplified output, includ-
     9  ing  a  score,  classification,  or  recommendation,  that  is  used  to
    10  substantially assist or replace discretionary decision making for making
    11  employment  decisions that impact natural persons. "Automated employment
    12  decision tool" does not include a tool that does not automate,  support,
    13  substantially assist, or replace discretionary decision-making processes
    14  and  that does not materially impact natural persons, including, but not
    15  limited to, a junk email filter, firewall, antivirus software,  calcula-
    16  tor, spreadsheet, database, data set, or other compilation of data.
    17    (b) "Employment decision" means to screen candidates for employment.
    18    2.  Notices  required. (a) Any employer or employment agency that uses
    19  an automated employment decision tool  to  screen  candidates  who  have
    20  applied for a position for an employment decision shall notify each such
    21  candidate of the following:
    22    (i)  That  an  automated  employment  decision  tool  will  be used in
    23  connection with the assessment or evaluation of such candidate;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 7859                             2
     1    (ii) The job qualifications and characteristics  that  such  automated
     2  employment  decision  tool will use in the assessment of such candidate;
     3  and
     4    (iii)  Information about the type of data collected for such automated
     5  employment decision tool, the source of such data, and the  employer  or
     6  employment agency's data retention policy.
     7    (b)  The notice required by paragraph (a) of this subdivision shall be
     8  made no less than ten business days before the  use  of  such  automated
     9  employment  decision  tool  and shall allow such candidate to request an
    10  alternative selection process or accommodation.
    11    3. Construction. The provisions of this section shall not be construed
    12  as to limit any right of any candidate for employment to bring  a  civil
    13  action in any court of competent jurisdiction, or to limit the authority
    14  of  the  division  of  human rights to enforce the provisions of article
    15  fifteen of the executive law.
    16    § 2. This act shall take effect on the first of January next  succeed-
    17  ing the date on which it shall have become a law.
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