New York City has implemented regulations governing the use of artificial intelligence (“AI”) and automated decision-making tools in the employment space.

New York City Local Law 144 was set to go into effect on January 1, 2023, but after receiving numerous responses during the public comment period, the New York City Department of Consumer and Worker Protection (DCWP) delayed the effective date to July 5, 2023.

Under the law, employers are prohibited from using Automated Employment Decision Tools (AEDTs) for employment decisions unless AI has undergone a bias audit and the results are publicly disclosed on the company’s website.  Additionally, employers must inform individuals about how they can request an alternative selection process or a reasonable accommodation under other laws, if available.   

New York City’s new AI law is part of a growing trend of AI bias laws.  As we reported on here, the EEOC launched its Artificial Intelligence and Algorithmic Fairness Initiative and recently provided guidance on the use of AI in employment selection procedures.  For more information on Local Law 144, read our article here.

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Photo of Jonathan Wexler Jonathan Wexler

Jonathan A. Wexler is a Shareholder in Vedder Price’s Labor and Employment practice area in the New York office.

He represents private-sector, not-for-profit and public-sector clients in litigation matters in federal and state courts and before such administrative agencies as the Equal Employment…

Jonathan A. Wexler is a Shareholder in Vedder Price’s Labor and Employment practice area in the New York office.

He represents private-sector, not-for-profit and public-sector clients in litigation matters in federal and state courts and before such administrative agencies as the Equal Employment Opportunity Commission, the New York State Division of Human Rights, the National Labor Relations Board and the New York Department of Labor.

Osaama Saifi

Osaama Saifi is an Associate in Vedder Price’s Los Angeles office and a member of the firm’s Labor & Employment group.

Mr. Saifi is an experienced litigator who has tried multiple jury trials and defended employers and company executives in litigation related to

Osaama Saifi is an Associate in Vedder Price’s Los Angeles office and a member of the firm’s Labor & Employment group.

Mr. Saifi is an experienced litigator who has tried multiple jury trials and defended employers and company executives in litigation related to meal periods, rest periods and overtime.