Update: Responsible AI and the NYC Audit Law Pushed to Q2

UPDATE: The Automated Employment Decision Tool (AEDT) Law (Local Law 144) slated to take effect in New York City, on April 15th will be delayed until May 6, 2023.

On Monday, December 12, 2022, the New York City’s Department of Consumer & Worker Protection (“DCWP”) announced the Automated Employment Decision Tool (AEDT) Law (Local Law 144) slated to take effect in New York City, on January 1st will be delayed until April 15, 2023.

Created to ensure organizations using automated / AI-based hiring tools proactively protect against potential or unintended bias in the processing of candidate information or hiring decisions, the law requires organizations using such tools to comply with mandatory independent audits of AI systems and transparency about their use with candidates. With only months to go, this means the time for enterprises to evaluate their systems for ethical, Responsible AI is now. 

Learn how this law impacts HR Leaders everywhere, not just in NYC >>

Despite its designation as a local law, HR leaders everywhere must remain engaged in tracking its evolution. New York City is the epicenter of the business world, if an enterprise operates and has employees or is hiring employees in NYC this regulation applies to them.

So why the delay? 

The New York City Department of Consumer and Worker Protection (DCWP) is overseeing the rollout of the law. They say the delay is due to the high volume of public comments generated by a public hearing held in November. A quick review of the department’s website shows well over 100 pages of feedback and inquiries stemming from that hearing, including comments submitted by retrain.ai. The DCWP aims to review all input before planning a second hearing.

What sort of questions came up? 

Numerous points were raised, ranging from what specifically defines an AEDT to how regulation can remain effective without stifling innovation. A few specifics included:

  • What sort of qualifications and certifications will be required to select and authorize an independent auditor? 
  • How will data size be figured into the equation, given that some businesses won’t possess the robust data set necessary to accurately determine bias?
  • What options are available to candidates who opt out of the AI-based systems, as is their choice? How will they be assured equal consideration in the hiring process?

A second public hearing will be planned for the first quarter of 2023. In the meantime, we’ll keep you updated in our Responsible AI Hub, where you can also learn what constitutes unbiased, Responsible AI, what to look for in an HR Tech vendor to ensure compliance, and how retrain.ai uses the five pillars of Responsible AI to support the growth of a skilled, diverse workforce.  

To experience a personalized walkthrough of how retrain.ai can help you reach your HR goals, visit us here.

Additional resources

  • Responsible AI and the NYC Audit Law: What You Need to Know Before 2023 – On-demand webinar
  • Responsible AI: Why It Matters and What HR Leaders Need to Know – On-demand webinar

Q&A: The NYC AI Audit Law

UPDATE: Local Law 144 will now go into effect on May 6, 2023.

For organizations using AI in their hiring processes, prepping for 2023 means evaluating compliance with a new law that will take effect in New York City in January, but which will impact millions of HR leaders and job candidates everywhere

Local Law 144, or the NYC AI Audit Law, issues updated guidelines for employers using AI in hiring. Part of a quickly growing practice, AI tools are in high demand for companies looking to speed up preliminary candidate screening and enable efficiency in the hiring process. To avoid introducing unintended bias into those actions, however, the AI must be responsible–meaning fully explainable machine learning systems structured to avoid biases that could skew results unfairly. 

With only weeks to go until the NYC AI Audit Law kicks in, there are still plenty of unanswered questions. In this vidcast, retrain.ai Co-founder and COO Isabelle Bichler-Eliasaf speaks with Rob Szyba, partner and employment attorney at Seyfarth Shaw about aspects of the law that aren’t quite clear yet, including:

  • What specifically defines an automated employment decision tool (AEDT)? How much weight is given to the AEDT as one part of a multi-level hiring process?  [Timestamp: 5:08]
  • Who is performing the mandatory AI bias audits required by the law?  [Timestamp: 10:01]
  • What accommodations are given to candidates who opt out of AEDT interview steps?  [Timestamp: 11:28]
  • How are candidates who opt out assured equal consideration?  [Timestamp: 12:38]
  • What happens to organizations in that are new to AI use in hiring and don’t necessarily have enough data to test their system by the time the law takes effect? Will they be considered in default?  [Timestamp 15:32]
  • The law applies in New York City, but what does that mean for businesses based outside of NYC who have offices or even remote workers based in the City?  [Timestamp 19:02]
  • How can those of us in the AI space convey the importance of ensuring that regulation helps the process without stifling innovation? That it protects AI’s ability to enhance the human workforce experience?  [Timestamp 25:06]

Additional Resources:

Not Headquartered in NYC? The New AI-based Hiring Regulations Will Likely Still Apply to You. Blog post

NYC AI Law Update – 4 Important Things You Need to Know Blog post

A New NYC Law Puts Pressure on Talent Intelligence: Will Your AI Solution Be Ready? Blog post

Responsible AI and the NYC Audit Law: What You Need to Know Before 2023 – On-demand webinar

Responsible AI: Why It Matters and What HR Leaders Need to Know – On-demand webinar

To experience a personalized walkthrough of how retrain.ai can help you reach your HR goals, visit us here.

Not Headquartered in NYC? The New AI-based Hiring Regulations Will Likely Still Apply to You

UPDATE: Local Law 144 will now go into effect on May 6, 2023.

Beginning on January 1, 2023, companies using AI in their hiring practices in New York City must comply with Local Law #144, the Automated Employment Decision Tool Law (AEDT), which mandates independent audits of AI systems and transparency about their use with candidates, among other specifics. 

At its core, the NYC Law–and the larger EEOC statement that preceded it–aim to ensure that AI and other emerging tools used in hiring and employment decisions don’t introduce or augment bias that can create discriminatory barriers to jobs. You can read more about the details of the law in our earlier blog post

While some may believe the new regulation is just a niche city law that only applies to enterprises within the boundaries of New York City, impacting a relatively small pool of employers and job candidates, the reality is that its reach goes well beyond the NYC metro area and even the state as a whole.

Who needs to pay attention to the NYC Law?

Pretty much EVERYONE.

New York City is the epicenter of the business world, with many corporate roads running through it. If an enterprise operates any element of its business through NYC, and if they hire staff for that function, the law applies. 

Enterprises don’t need to be that expansive. Organizations using AI in hiring and promotions practices will need to ensure compliance with the new law if:

  • They have any sort of office or presence in NYC
  • They are based elsewhere but have open positions based in NYC
  • They have open remote positions that may attract candidates residing in NYC

But what if a company has only a single NYC employee, working remotely from their apartment in the City? Or if a global company has just one position to hire in Manhattan–which may be filled by a candidate living in New Jersey or Connecticut? 

It ALL counts. And reaches just about EVERYWHERE.

The geographic reach of the NYC law stretches far beyond the U.S. as well. New York City is a major hub for companies based all over the world and global companies who operate any part of their business–from a US Headquarters to a sales office, to a warehouse team and everything in between–fall under the requirements of the new legislation.

Strategize now for compliance next year.

Add up all the scenarios and you’ve got a massive number of companies that will be under the microscope come January. In today’s competitive landscape, stopping to retrofit HR systems for compliance presents a loss of momentum. Likewise accommodating multiple solutions across geographies or business functions. 

If you’re not sure whether your HR systems are using Responsible unbiased AI, now is the time to find a partner who can integrate with your HR tech stack, forming a unified system of intelligence that actively targets and eliminates unintended bias.

The retrain.ai Talent Intelligence Platform is built on the five pillars of Responsible AI to provide our customers with a transparent and bias-audited system. Our Talent Acquisition and Talent Management solutions help HR leaders hire faster and retain longer, while actively supporting a skilled and diverse workforce. 

To experience a personalized walkthrough of how retrain.ai can help you reach your HR goals, visit us here.

 

Additional resources

  • Responsible AI and the NYC Audit Law: What You Need to Know Before 2023 – On-demand webinar
  • Responsible AI: Why It Matters and What HR Leaders Need to Know – On-demand webinar