Enforcing New York City’s AI Hiring Law

Ensuring New York City job candidates are notified of automated decision tools used in hiring & employment

by Camille Carlton, Jessica Davies, Lisa Einstein, Siddarth Srinivasan, and Michael Yang

NYC’s AI Hiring Law (2021/144) addresses the rapid adoption of automated employment decision tools (AEDTs) for hiring. These tools use artificial intelligence to process data such as education credentials to determine whether a candidate is qualified for a job. As job candidates are rarely aware of AEDT usage, the law mandates that employers notify candidates of AEDT use. However, the law goes into effect in 2023 and lacks detailed guidance about how to provide notice, leaving employers unsure of how to comply.

This project recommends that the NYC Department of Consumer and Worker Protection (DCWP) use its rulemaking authority to ensure compliance with the notification portion of the NYC AI Hiring Law. See below for more information on this proposal, including a Playbook for DCWP that provides rulemaking guidelines and sample notification language that employers can use to notify applicants of the use of AEDTs; a template Frequently Asked Questions sheet for employers seeking to understand these recommendations; and an informational website for job candidates.