Assembly Actions -
Senate Actions - UPPERCASE
|Jan 09, 2023||
referred to labor
Assembly Bill A567
2023-2024 Legislative Session
Current Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-A567 (ACTIVE) - Details
2023-A567 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 567 2023-2024 Regular Sessions I N A S S E M B L Y January 9, 2023 ___________ Introduced by M. of A. JOYNER -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to establishing criteria for the use 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. USE 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 ARTIFICIAL INTELLI- GENCE OR MACHINE LEARNING ALGORITHMS. THE TERM "AUTOMATED EMPLOYMENT DECISION TOOL" DOES NOT INCLUDE A TOOL THAT DOES NOT AUTOMATE, SUPPORT, SUBSTANTIALLY ASSIST OR REPLACE DISCRETIONARY DECISION-MAKING PROCESSES AND THAT DOES NOT MATERIALLY IMPACT NATURAL PERSONS. B. "DISPARATE IMPACT ANALYSIS" MEANS AN IMPARTIAL ANALYSIS, INCLUDING BUT NOT LIMITED TO TESTING OF THE EXTENT TO WHICH USE OF AN AUTOMATED EMPLOYMENT DECISION TOOL IS LIKELY TO RESULT IN AN ADVERSE IMPACT TO THE DETRIMENT OF ANY GROUP ON THE BASIS OF SEX, RACE, ETHNICITY, OR OTHER PROTECTED CLASS UNDER ARTICLE FIFTEEN OF THE EXECUTIVE LAW. THE RESULTS OF SUCH ANALYSIS SHALL BE REPORTED TO THE EMPLOYER IMPLEMENTING OR USING AN AUTOMATED EMPLOYMENT DECISION TOOL. A DISPARATE IMPACT ANALYSIS SHALL DIFFERENTIATE BETWEEN CANDIDATES WHO WERE SELECTED AND CANDIDATES EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02768-01-3
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