On
Like the initial hearing convened in 2022, the second hearing attracted a sizeable audience of more than 240 attendees. This robust attendance confirmed the significant level of attention that this law and the proposed rules have generated. Ten individuals presented comments orally, and eighteen individuals or groups submitted written comments for DCWP's consideration. The feedback addressed several important issues for employers and others impacted by the law, including the following:
- The definition of an AEDT. Members of the public continue to express concern about the definition of an AEDT. The input continues to encompass a broad range of views, from individuals who have expressed concern that the focus on AEDTs that "substantially assist or replace discretionary decision making" is "overly stringent" and will not regulate many of the tools used by employers, to stakeholder concerns that the existing definitions may encompass technologies that perform screening functions related to basic qualifications for positions.
- Required notice periods. Another topic of continued attention is the potential consequence of the requirement to provide notice to candidates and employees on the website of the employer or employment agency, in the job posting, or via
U.S. mail or email "at least 10 business days" prior to use of an AEDT. Specifically, some members of the public have expressed concern that this requirement could disadvantage applicants residing inNew York City by impacting the timeframe within which employers can move forward to screen and select such candidates for employment relative to other applicants. - Definition of "independent auditor." The updated proposed rules explain that an "[i]ndependent auditor" excludes a person or group that "is or was involved in using, developing, or distributing the AEDT" or "at any point during the bias audit, has an employment relationship with an employer or employment agency that seeks to use or continue to use the AEDT or with a vendor that developed or distributes the AEDT." Some members of the public have suggested that this language is overly restrictive and should be modified to allow the required audits to be performed utilizing internal resources.
- Implementation date. In response to an inquiry from a participant, DCWP restated its intention to delay enforcement of the law until
April 15, 2023 , but offered no timeline for the publication of the final rules. Some members of the public have urged DCWP to postpone the enforcement of the law further to allow employers adequate time to come into compliance with the law, as clarified by the yet-to-be-finalized rules.
What's Next for Employers
Employers and employment agencies that utilize automated decision tools that fall within the scope of the law to screen candidates for employment or employees for promotion within
For example, on
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