Senate Bill S7623A

2023-2024 Legislative Session

Relates to restricting the use of electronic monitoring and automated employment decision tools

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Labor Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2023-S7623 - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §203-g, Lab L; ren §52-c to be §52-e, amd §52-e, Civ Rts L

2023-S7623 - Summary

Restricts the use by an employer or an employment agency of electronic monitoring or an automated employment decision tool to screen a candidate or employee for an employment decision unless such tool has been the subject of a bias audit within the last year and the results of such audit have been made public; requires notice to employment candidates of the use of such tools; provides remedies; makes a conforming change to the civil rights law.

2023-S7623 - Sponsor Memo

2023-S7623 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7623
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              August 4, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules
 
 AN ACT to amend the labor law, in relation to  restricting  the  use  of
   electronic  monitoring and automated employment decision tools; and to
   amend the civil rights law, in relation to making a technical change

   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. ELECTRONIC  MONITORING  AND  AUTOMATED  EMPLOYMENT   DECISION
 TOOLS. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS 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) "BIAS AUDIT" MEANS AN IMPARTIAL EVALUATION BY AN INDEPENDENT AUDI-
 TOR.  SUCH BIAS AUDIT SHALL INCLUDE BUT NOT BE LIMITED TO THE TESTING OF
 AN  AUTOMATED  EMPLOYMENT  DECISION  TOOL TO ASSESS THE TOOL'S DISPARATE
 IMPACT ON PERSONS OF ANY COMPONENT 1 CATEGORY REQUIRED TO BE REPORTED BY
 EMPLOYERS PURSUANT TO SUBSECTION (C) OF SECTION 2000E-8 OF TITLE  42  OF
 THE  UNITED  STATES  CODE AS SPECIFIED IN PART 1602.7 OF TITLE 29 OF THE
 CODE OF FEDERAL REGULATIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11940-02-3
 S. 7623                             2
              

2023-S7623A (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §203-g, Lab L; ren §52-c to be §52-e, amd §52-e, Civ Rts L

2023-S7623A (ACTIVE) - Summary

Restricts the use by an employer or an employment agency of electronic monitoring or an automated employment decision tool to screen a candidate or employee for an employment decision unless such tool has been the subject of a bias audit within the last year and the results of such audit have been made public; requires notice to employment candidates of the use of such tools; provides remedies; makes a conforming change to the civil rights law.

2023-S7623A (ACTIVE) - Sponsor Memo

2023-S7623A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7623--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              August 4, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the labor law, in relation to restricting the use of
   electronic monitoring and automated employment decision tools; and  to
   amend the civil rights law, in relation to making a conforming change
 
   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-g  to
 read as follows:
   § 203-G. ELECTRONIC   MONITORING  AND  AUTOMATED  EMPLOYMENT  DECISION
 TOOLS. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS HAVE THE
 FOLLOWING MEANINGS:
   (A) "AUTOMATED EMPLOYMENT DECISION TOOL" MEANS ANY COMPUTATIONAL PROC-
 ESS, AUTOMATED SYSTEM, OR ALGORITHM UTILIZING MACHINE LEARNING,  STATIS-
 TICAL  MODELING,  DATA  ANALYTICS,  ARTIFICIAL  INTELLIGENCE, OR SIMILAR
 METHODS THAT ISSUES A SIMPLIFIED OUTPUT, INCLUDING A SCORE,  CLASSIFICA-
 TION,  RANKING,  OR  RECOMMENDATION,  THAT  IS USED TO ASSIST OR REPLACE
 DECISION MAKING FOR EMPLOYMENT DECISIONS THAT  IMPACT  NATURAL  PERSONS.
 "AUTOMATED  EMPLOYMENT  DECISION TOOL" DOES NOT INCLUDE A TOOL THAT DOES
 NOT ASSIST OR REPLACE EMPLOYMENT DECISION PROCESSES AND  THAT  DOES  NOT
 MATERIALLY IMPACT NATURAL PERSONS, INCLUDING, BUT NOT LIMITED TO, A JUNK
 EMAIL  FILTER,  FIREWALL,  ANTIVIRUS  SOFTWARE, CALCULATOR, SPREADSHEET,
 DATABASE, DATA SET, OR OTHER COMPILATION OF DATA.
   (B) "BIAS AUDIT" MEANS AN IMPARTIAL EVALUATION BY AN INDEPENDENT AUDI-
 TOR, WHICH SHALL INCLUDE, AT A MINIMUM,  THE  TESTING  OF  AN  AUTOMATED
 EMPLOYMENT  DECISION  TOOL  TO  ASSESS  THE  TOOL'S  DISPARATE IMPACT ON
 EMPLOYEES BECAUSE OF THEIR AGE, RACE, CREED, COLOR, ETHNICITY,  NATIONAL
 ORIGIN,  DISABILITY, CITIZENSHIP OR IMMIGRATION STATUS, MARITAL OR FAMI-
 LIAL STATUS, MILITARY STATUS, RELIGION, OR SEX, INCLUDING SEXUAL  ORIEN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11940-03-3
              

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