S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7859
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 7, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Labor
 
 AN ACT to amend the labor law, in relation to automated employment deci-
   sion 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. AUTOMATED EMPLOYMENT DECISION TOOLS. 1. DEFINITIONS. FOR  THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "AUTOMATED EMPLOYMENT DECISION TOOL" MEANS ANY COMPUTATIONAL PROC-
 ESS, DERIVED FROM MACHINE LEARNING, STATISTICAL MODELING,  DATA  ANALYT-
 ICS,  OR ARTIFICIAL INTELLIGENCE, THAT ISSUES SIMPLIFIED OUTPUT, INCLUD-
 ING  A  SCORE,  CLASSIFICATION,  OR  RECOMMENDATION,  THAT  IS  USED  TO
 SUBSTANTIALLY ASSIST OR REPLACE DISCRETIONARY DECISION MAKING FOR MAKING
 EMPLOYMENT  DECISIONS THAT IMPACT NATURAL PERSONS. "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, INCLUDING, BUT NOT
 LIMITED TO, A JUNK EMAIL FILTER, FIREWALL, ANTIVIRUS SOFTWARE,  CALCULA-
 TOR, SPREADSHEET, DATABASE, DATA SET, OR OTHER COMPILATION OF DATA.
   (B) "EMPLOYMENT DECISION" MEANS TO SCREEN CANDIDATES FOR EMPLOYMENT.
   2.  NOTICES  REQUIRED. (A) ANY EMPLOYER OR EMPLOYMENT AGENCY THAT USES
 AN AUTOMATED EMPLOYMENT DECISION TOOL  TO  SCREEN  CANDIDATES  WHO  HAVE
 APPLIED FOR A POSITION FOR AN EMPLOYMENT DECISION SHALL NOTIFY EACH SUCH
 CANDIDATE OF THE FOLLOWING:
   (I)  THAT  AN  AUTOMATED  EMPLOYMENT  DECISION  TOOL  WILL  BE USED IN
 CONNECTION WITH THE ASSESSMENT OR EVALUATION OF SUCH CANDIDATE;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11780-01-3
 A. 7859                             2
 
              

   (II) THE JOB QUALIFICATIONS AND CHARACTERISTICS  THAT  SUCH  AUTOMATED
 EMPLOYMENT  DECISION  TOOL WILL USE IN THE ASSESSMENT OF SUCH CANDIDATE;
 AND
   (III)  INFORMATION ABOUT THE TYPE OF DATA COLLECTED FOR SUCH AUTOMATED
 EMPLOYMENT DECISION TOOL, THE SOURCE OF SUCH DATA, AND THE  EMPLOYER  OR
 EMPLOYMENT AGENCY'S DATA RETENTION POLICY.
   (B)  THE NOTICE REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE
 MADE NO LESS THAN TEN BUSINESS DAYS BEFORE THE  USE  OF  SUCH  AUTOMATED
 EMPLOYMENT  DECISION  TOOL  AND SHALL ALLOW SUCH CANDIDATE TO REQUEST AN
 ALTERNATIVE SELECTION PROCESS OR ACCOMMODATION.
   3. CONSTRUCTION. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED
 AS TO LIMIT ANY RIGHT OF ANY CANDIDATE FOR EMPLOYMENT TO BRING  A  CIVIL
 ACTION IN ANY COURT OF COMPETENT JURISDICTION, OR TO LIMIT THE AUTHORITY
 OF  THE  DIVISION  OF  HUMAN RIGHTS TO ENFORCE THE PROVISIONS OF ARTICLE
 FIFTEEN OF THE EXECUTIVE LAW.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.