senate Bill S6852

2021-2022 Legislative Session

Establishes criteria for the sale of automated employment decision tools

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Labor Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to labor
May 19, 2021 referred to labor

Co-Sponsors

S6852 (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §203-f, Lab L

S6852 (ACTIVE) - Summary

Establishes criteria for the sale of automated employment decision tools and provides a civil penalty for violations of such criteria.

S6852 (ACTIVE) - Sponsor Memo

S6852 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6852
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2021
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to establishing criteria  for
   the sale of automated employment decision tools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new section  203-f  to
 read as follows:
   §  203-F. SALE OF AUTOMATED EMPLOYMENT DECISION TOOLS. 1. FOR PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A. "AUTOMATED EMPLOYMENT DECISION  TOOL"  MEANS  ANY  SYSTEM  USED  TO
 FILTER EMPLOYMENT CANDIDATES OR PROSPECTIVE CANDIDATES FOR HIRE IN A WAY
 THAT  ESTABLISHES A PREFERRED CANDIDATE OR CANDIDATES WITHOUT RELYING ON
 CANDIDATE-SPECIFIC ASSESSMENTS BY INDIVIDUAL DECISION-MAKERS.  AUTOMATED
 EMPLOYMENT  DECISION  TOOLS  SHALL  INCLUDE PERSONALITY TESTS, COGNITIVE
 ABILITY TESTS, RESUME SCORING SYSTEMS AND ANY SYSTEM WHOSE  FUNCTION  IS
 GOVERNED  BY STATISTICAL THEORY, OR WHOSE PARAMETERS ARE DEFINED BY SUCH
 SYSTEMS, INCLUDING INFERENTIAL METHODOLOGIES, LINEAR REGRESSION,  NEURAL
 NETWORKS, DECISION TREES, RANDOM FORESTS AND OTHER LEARNING ALGORITHMS.
   B.  "DISPARATE  IMPACT  REPORT"  MEANS  AN ANALYSIS, INCLUDING BUT NOT
 LIMITED TO TESTING, OF THE EXTENT TO WHICH USE OF AN  AUTOMATED  EMPLOY-
 MENT  DECISION  TOOL  IS  LIKELY  TO  RESULT IN AN ADVERSE IMPACT TO THE
 DETRIMENT OF ANY GROUP ON THE BASIS OF SEX, RACE OR ETHNICITY. A  DISPA-
 RATE  IMPACT  REPORT  SHALL  DIFFERENTIATE  BETWEEN  CANDIDATES WHO WERE
 SELECTED AND CANDIDATES WHO WERE NOT SELECTED  BY  THE  TOOL  AND  SHALL
 INCLUDE  A  DISPARATE IMPACT ANALYSIS AS SPECIFIED IN THE UNIFORM GUIDE-
 LINES ON EMPLOYEE SELECTION PROCEDURES PROMULGATED BY THE UNITED  STATES
 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.
   C.  "DISABILITY  ACCOMMODATION POLICY" MEANS AN OVERVIEW OF THE PROCE-
 DURES AN AUTOMATED EMPLOYMENT DECISION TOOL RELIES  ON  TO  ENSURE  THAT
 CANDIDATES  WITH  DISABILITIES  CAN RECEIVE REASONABLE ACCOMMODATIONS IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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