The New York City Department of Consumer and Worker Protection (DCWP) announced that it will not start enforcing the law regulating automated employment decision tools until at least April 15, 2023. Local Law 144 of 2021 was scheduled to take effect January 1, but the DCWP attributed the delayed enforcement of the law to the high volume of public comments it received addressing its proposed regulations to implement the law. This law is the very first law within the United States squarely and comprehensively addressing the use of AI in making employment decisions. The law requires that before an employer uses an “automated employment decision tool” (AEDT, which is basically AI) that it conduct a bias audit within a year of using the tool, and that certain notices be given to candidates who may be subject to the AEDT, with an option to opt out of the AEDT process.
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