NY State Senate Bill 2023-S5641A

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2024	print number 5641a
Jan 08, 2024	amend (t) and recommit to labor
Jan 03, 2024	referred to labor
Mar 10, 2023	referred to labor

Bill Amendments

Original

A (Active)

2023-S5641 - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add Art 20-D §§750 - 757, Lab L
Versions Introduced in 2021-2022 Legislative Session:: S6852

2023-S5641 - Summary

Establishes criteria for the use of automated employment decision tools; provides for enforcement for violations of such criteria.

2023-S5641 - Sponsor Memo

                                 
BILL NUMBER: S5641

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the labor law, in relation to establishing criteria for
the use of automated employment decision tools

 
PURPOSE OR GENERAL IDEA OF BILL:

To limit bias and discrimination against any group on the basis of sex,
race, ethnicity, or other protected class that occurs when automated
employment decision tools are used to screen candidates for hire.

 
SUMMARY OF PROVISIONS:

Section 1 amends the labor law by adding a new section 203-f. Defines e
terms "automated employment decision tool", "disparate impact analysis",
and "employment decision". Provides requirements that employers must
follow to use automated employment decision tools.  Provides enforcement
measures. Authorizes the commissioner to initiate an investigation if a
suspicion of a violation is established. States that the department may

promulgate rules and regulations to effectuate the purposes of this
section, on or before the effective date.

Section 2 sets the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Technical changes made to the definition of "automated employment deci-
sion tool".

Term "disparate impact report" changed to "disparate impact analysis".

Changed to regulate the use of automated employment decision tools by
employers rather than the sale of such tools by vendors. Removes the
term "disability accommodation policy" and does submitted to the depart-
ment annually.not require it be to the department

A summary of the disparate impact analysis must be provided annually,
rather than the full report of the results.distribution date website
prior to

Requires a summary of the disparate impact analysis and the of the tool
to be made publicly available on the employer's the implementation or
use of the tool.

Subdivision on penalties for violations removed and replaced with subdi-
vision on enforcement by Attorney General.

 
JUSTIFICATION:

In today's job market, employers may receive hundreds of job applica-
tions for a single role. To efficiently evaluate candidates, employers
rely on employment decision tools, like skills tests, resume reading
systems, and automated screening platforms. Many employment decision
tools are developed by third-party vendors, but this industry of HR tech
providers is largely unregulated.

Importantly, employers are not held to any meaningful standards when it
comes to disclosing the bias (legally defined as "disparate impact" or
"adverse impact") yielded by these products. As a result, many employers
continue to use hiring tools that disproportionately screen out racial
minorities. Additionally, candidates engaging with these assessments
often are not informed about their purpose or what they are designed to
measure.

 
LEGISLATIVE HISTORY:

03/10/22 IN assembly, advanced to third reading cal.474. In the Senate,
this is a new bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5641 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5641
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 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

 S. 5641                             2
 
 WHO  WERE  NOT SELECTED BY THE TOOL AND SHALL INCLUDE A DISPARATE IMPACT
 ANALYSIS AS SPECIFIED IN THE UNIFORM GUIDELINES  ON  EMPLOYEE  SELECTION
 PROCEDURES PROMULGATED BY THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY
 COMMISSION.
   C. "EMPLOYMENT DECISION" MEANS TO SCREEN CANDIDATES FOR EMPLOYMENT.
   2.  IT  SHALL BE UNLAWFUL FOR AN EMPLOYER TO IMPLEMENT OR USE AN AUTO-
 MATED EMPLOYMENT DECISION TOOL THAT FAILS TO COMPLY WITH  THE  FOLLOWING
 PROVISIONS:
   A.  NO    LESS   THAN   ANNUALLY, A DISPARATE IMPACT ANALYSIS SHALL BE
 CONDUCTED TO ASSESS THE ACTUAL IMPACT   OF    ANY  AUTOMATED  EMPLOYMENT
 DECISION  TOOL USED BY ANY EMPLOYER TO SELECT CANDIDATES FOR JOBS WITHIN
 THE STATE. SUCH DISPARATE IMPACT ANALYSIS SHALL BE PROVIDED    TO    THE
 EMPLOYER  BUT  SHALL  NOT  BE PUBLICLY FILED AND SHALL BE SUBJECT TO ALL
 APPLICABLE PRIVILEGES.
   B. A SUMMARY OF THE MOST RECENT DISPARATE IMPACT ANALYSIS OF SUCH TOOL
 AS WELL AS THE DISTRIBUTION DATE OF  THE  TOOL  TO  WHICH  THE  ANALYSIS
 APPLIES  HAS BEEN MADE PUBLICLY AVAILABLE ON THE WEBSITE OF THE EMPLOYER
 OR EMPLOYMENT AGENCY PRIOR TO THE IMPLEMENTATION OR USE OF SUCH TOOL.
   C. NO LESS THAN ANNUALLY, ANY EMPLOYER USING AN  AUTOMATED  EMPLOYMENT
 DECISION  TOOL  SHALL PROVIDE TO THE DEPARTMENT SUCH SUMMARY OF THE MOST
 RECENT DISPARATE IMPACT ANALYSIS PROVIDED TO THE EMPLOYER ON THAT TOOL.
   3. THE ATTORNEY GENERAL MAY INITIATE AN INVESTIGATION IF A  PREPONDER-
 ANCE  OF  THE EVIDENCE, INCLUDING THE SUMMARY OF THE MOST  RECENT DISPA-
 RATE   IMPACT   ANALYSIS ESTABLISHES A SUSPICION  OF  A  VIOLATION.  THE
 ATTORNEY  GENERAL  MAY ALSO INITIATE IN ANY COURT OF COMPETENT JURISDIC-
 TION ANY ACTION OR PROCEEDING THAT MAY BE APPROPRIATE OR  NECESSARY  FOR
 CORRECTION  OF  ANY  VIOLATION  ISSUED  PURSUANT THIS SECTION, INCLUDING
 MANDATING COMPLIANCE WITH THE PROVISIONS OF THIS SECTION OR  SUCH  OTHER
 RELIEF AS MAY BE APPROPRIATE.
   4.  THE  COMMISSIONER MAY INITIATE AN INVESTIGATION IF A PREPONDERANCE
 OF THE EVIDENCE, INCLUDING THE SUMMARY  OF  THE  MOST  RECENT  DISPARATE
 IMPACT ANALYSIS ESTABLISHES A SUSPICION OF A VIOLATION.  THE COMMISSION-
 ER  MAY ALSO INITIATE IN A COURT OF COMPETENT JURISDICTION ANY ACTION OR
 PROCEEDING THAT MAY BE APPROPRIATE OR NECESSARY FOR  THE  CORRECTION  OF
 ANY  VIOLATION  ISSUED  PURSUANT  TO  THIS  SECTION, INCLUDING MANDATING
 COMPLIANCE WITH THE PROVISIONS OF THIS SECTION OR SUCH OTHER  RELIEF  AS
 MAY BE APPROPRIATE.
   5.  THE  DEPARTMENT  MAY  PROMULGATE RULES AND REGULATIONS AS IT DEEMS
 NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION, ON OR BEFORE  SUCH
 EFFECTIVE DATE.
   § 2. This act shall take effect immediately.

2023-S5641A (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add Art 20-D §§750 - 757, Lab L
Versions Introduced in 2021-2022 Legislative Session:: S6852

2023-S5641A (ACTIVE) - Summary

Establishes criteria for the use of automated employment decision tools; provides for enforcement for violations of such criteria.

2023-S5641A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5641A

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the labor law, in relation to automated employment deci-
sion tools

 
PURPOSE OR GENERAL IDEA OF BILL:

To limit bias and discrimination against any group on the basis of sex,
race, ethnicity, or other protected class that occurs when automated
employment decision tools are used to screen candidates for hire, and
creating a more specific definition for artificial intelligence auto-
mated employment decision tools in law.

 
SUMMARY OF PROVISIONS:

Section 1 amends the labor law by adding a new article 20D to section
750 of the labor law to modernize anti-discrimination in employment
decision tools. It defines "automated employment decision tool" to mean
a system or service that uses artificial intelligence and has been

specifically developed and marketed to be the controlling factor in
making a consequential employment decision in addition to other defi-
nitions.

On governance, the bill requires deployers or developers to establish,
document, implement and maintain a governance program that contains
reasonable safeguards to map, measure, manage, and govern the foreseea-
ble risk of unlawful discrimination associated with the use of an auto-
mated employment decision tool in addition to staffing requirements.

On transparency, a deployer shall, at all or before the time of a conse-
quential employment decision, notify the individual that is subject to
an employment decision of the tool's use.

On enforcement, the Attorney General may initiate an investigation of a
deployer or developer if a preponderance of the evidence establishes a
suspicion of a violation of these articles.

On compliance, a deployer or developer that complies with these articles
shall be deemed compliant with any law, regulation, rule, requirement,
or standard related to the performance of any impact assessments,
audits, or governance program(s) that are adopted maintained, or
enforced by any political subdivision of New York State.

Section 2 is the effective date.

 
JUSTIFICATION:

In today's job market, employers may receive hundreds of job applica-
tions for a single role. To efficiently evaluate candidates, employers
rely on employment decision tools, like skills tests, resume reading
systems, and automated screening platforms. Many employment decision
tools are developed by third-party vendors, but this industry of HR tech
providers is largely unregulated.

Importantly, employers are not held to any meaningful standards when it
comes to disclosing the bias (legally defined as "disparate impact" or
"adverse impact") yielded by these products. As a result, many employers
continue to use hiring tools that disproportionately screen out racial
minorities. Additionally, candidates engaging with these assessments
often are not informed about their purpose or what they are designed to
measure.

 
LEGISLATIVE HISTORY:

03/10/22 IN assembly, advanced to third reading cal.474. In the Senate,
Introduced in 2022, amended to an A print in January 2024.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5641A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5641--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor  --  recommitted  to
   the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 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  article  20-D  to
 read as follows:
                               ARTICLE 20-D
                    AUTOMATED EMPLOYMENT DECISION TOOLS
 SECTION 750. DEFINITIONS.
         751. ANTI-DISCRIMINATION.
         752. REQUIREMENTS  FOR  A  DEPLOYER  OF  AN AUTOMATED EMPLOYMENT
                DECISION TOOL.
         753. REQUIREMENTS FOR A DEVELOPER  OF  AN  AUTOMATED  EMPLOYMENT
                DECISION TOOL.
         754. AI GOVERNANCE.
         755. TRANSPARENCY.
         756. ENFORCEMENT.
         757. COMPLIANCE.
   §  750.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ARTIFICIAL INTELLIGENCE" SHALL MEAN A  MACHINE-BASED  SYSTEM  THAT
 CAN,  FOR  A  GIVEN  SET  OF HUMAN-DEFINED OBJECTIVES, MAKE PREDICTIONS,
 RECOMMENDATIONS, OR DECISIONS INFLUENCING REAL OR VIRTUAL  ENVIRONMENTS.
 AN  ARTIFICIAL  INTELLIGENCE  SYSTEM USES MACHINE AND HUMAN-BASED INPUTS
 TO:
   (A) PERCEIVE REAL AND VIRTUAL ENVIRONMENTS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02768-02-3

 S. 5641--A                          2
 
   (B) ABSTRACT SUCH PERCEPTIONS INTO MODELS THROUGH ANALYSIS IN AN AUTO-
 MATED MANNER; AND
   (C)  USE  MODEL  INFERENCE  TO  FORMULATE  OPTIONS  FOR INFORMATION OR
 ACTION.
   2. "AUTOMATED EMPLOYMENT DECISION TOOL" SHALL MEAN A SYSTEM OR SERVICE
 THAT USES ARTIFICIAL INTELLIGENCE AND HAS  BEEN  SPECIFICALLY  DEVELOPED
 AND  MARKETED TO, OR SPECIFICALLY MODIFIED TO BE, THE CONTROLLING FACTOR
 IN MAKING A CONSEQUENTIAL EMPLOYMENT DECISION.
   3. "CONSEQUENTIAL EMPLOYMENT DECISION" SHALL MEAN A DETERMINATION MADE
 BY A DEPLOYER TO HIRE, PROMOTE, OR TERMINATE THE EMPLOYMENT OF AN  INDI-
 VIDUAL.
   4. "CONTROLLING FACTOR" SHALL MEAN A FACTOR THAT IS WEIGHTED MORE THAN
 ALL OTHER FACTORS COMBINED.
   5.  "DEPLOYER" SHALL MEAN ANY PERSON, PARTNERSHIP, OR CORPORATION THAT
 USES AN AUTOMATED EMPLOYMENT DECISION TOOL FOR A  CONSEQUENTIAL  EMPLOY-
 MENT DECISION.
   6. "DEVELOPER" SHALL MEAN ANY PERSON, PARTNERSHIP, OR CORPORATION THAT
 KNOWINGLY  DESIGNS,  CODES, OR PRODUCES AN AUTOMATED EMPLOYMENT DECISION
 TOOL, OR SUBSTANTIALLY MODIFIES AN  ARTIFICIAL  INTELLIGENCE  SYSTEM  OR
 SERVICE  FOR  THE  INTENDED PURPOSE OF BEING THE CONTROLLING FACTOR IN A
 CONSEQUENTIAL EMPLOYMENT DECISION, WHETHER FOR ITS OWN USE OR FOR USE BY
 A THIRD PARTY.
   7. "IMPACT ASSESSMENT" SHALL MEAN A DOCUMENTED  RISK-BASED  EVALUATION
 OF AN AUTOMATED EMPLOYMENT DECISION TOOL, IN ACCORDANCE WITH THE MINIMUM
 REQUIREMENTS  IN  SUBDIVISION  TWO OF SECTION SEVEN HUNDRED FIFTY-TWO OF
 THIS ARTICLE AND SUBDIVISION THREE OF SECTION SEVEN HUNDRED  FIFTY-THREE
 OF THIS ARTICLE, RESPECTIVELY.
   §  751.  ANTI-DISCRIMINATION. 1. A DEPLOYER SHALL NOT USE AN AUTOMATED
 EMPLOYMENT DECISION TOOL IN A MANNER THAT VIOLATES  ARTICLE  FIFTEEN  OF
 THE EXECUTIVE LAW.
   2. NOTHING IN THIS SECTION SHALL LIMIT A DEPLOYER FROM PROCESSING DATA
 FOR  THE  PURPOSE OF PREVENTING OR ADDRESSING UNLAWFUL DISCRIMINATION OR
 COMPLYING WITH THIS ARTICLE OR OTHERWISE EVALUATING THE EFFECTIVENESS OF
 AN AUTOMATED EMPLOYMENT DECISION TOOL.
   § 752. REQUIREMENTS FOR A DEPLOYER OF AN AUTOMATED EMPLOYMENT DECISION
 TOOL. 1.  WITHIN ONE YEAR OF THE EFFECTIVE DATE  OF  THIS  SECTION,  AND
 ANNUALLY  THEREAFTER,  A DEPLOYER SHALL PERFORM AN IMPACT ASSESSMENT FOR
 ANY AUTOMATED EMPLOYMENT DECISION TOOL THAT SUCH DEPLOYER USES.
   2. THE IMPACT ASSESSMENT REQUIRED PURSUANT TO SUBDIVISION ONE OF  THIS
 SECTION SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A)  A  STATEMENT  OF THE PURPOSE OF THE AUTOMATED EMPLOYMENT DECISION
 TOOL AND ITS BENEFITS, USES, AND DEPLOYMENT CONTEXTS;
   (B) A DESCRIPTION OF THE AUTOMATED EMPLOYMENT DECISION  TOOL'S  OUTPUT
 AND HOW SUCH OUTPUT IS THE CONTROLLING FACTOR IN A CONSEQUENTIAL EMPLOY-
 MENT DECISION;
   (C)  A  SUMMARY  OF  THE TYPE OF DATA COLLECTED FROM AN INDIVIDUAL AND
 PROCESSED BY THE AUTOMATED EMPLOYMENT DECISION TOOL WHEN  SUCH  TOOL  IS
 THE CONTROLLING FACTOR IN A CONSEQUENTIAL EMPLOYMENT DECISION;
   (D) A STATEMENT OF THE EXTENT TO WHICH THE DEPLOYER'S USE OF THE AUTO-
 MATED  EMPLOYMENT  DECISION  TOOL  IS CONSISTENT WITH OR VARIES FROM THE
 DEVELOPER'S STATEMENT OF INTENDED USE PROVIDED TO SUCH DEPLOYER PURSUANT
 TO SUBDIVISION ONE OF SECTION SEVEN HUNDRED FIFTY-THREE OF THIS ARTICLE;
   (E) AN ASSESSMENT OF  ANY  REASONABLY  FORESEEABLE  RISK  OF  UNLAWFUL
 DISCRIMINATION  ARISING FROM THE DEPLOYER'S USE OF THE AUTOMATED EMPLOY-
 MENT DECISION TOOL AND A DESCRIPTION OF  THE  SAFEGUARD  IMPLEMENTED  OR
 THAT WILL BE IMPLEMENTED BY SUCH DEPLOYER TO MITIGATE SUCH RISK;
 S. 5641--A                          3
 
   (F)  A  DESCRIPTION  OF  HOW THE AUTOMATED EMPLOYMENT DECISION TOOL IS
 USED AND MONITORED BY THE DEPLOYER WHEN IT IS THE CONTROLLING FACTOR  IN
 A CONSEQUENTIAL EMPLOYMENT DECISION; AND
   (G)  A  DESCRIPTION  OF HOW THE AUTOMATED EMPLOYMENT DECISION TOOL HAS
 BEEN OR WILL BE EVALUATED FOR VALIDITY OR RELEVANCE.
   § 753. REQUIREMENTS FOR A DEVELOPER OF AN AUTOMATED  EMPLOYMENT  DECI-
 SION  TOOL.  1.  A  DEVELOPER  SHALL PROVIDE A DEPLOYER WITH A STATEMENT
 REGARDING THE INTENDED USE OF THE AUTOMATED EMPLOYMENT DECISION TOOL AND
 DOCUMENTATION REGARDING:
   (A) THE KNOWN LIMITATIONS  OF  THE  CONSEQUENTIAL  AUTOMATED  DECISION
 TOOL,  INCLUDING  ANY  REASONABLY FORESEEABLE RISK OF UNLAWFUL DISCRIMI-
 NATION ARISING FROM ITS INTENDED USE;
   (B) A DESCRIPTION OF THE TYPE OF DATA USED TO  PROGRAM  OR  TRAIN  THE
 AUTOMATED EMPLOYMENT DECISION TOOL; AND
   (C)  A  DESCRIPTION  OF HOW THE AUTOMATED EMPLOYMENT DECISION TOOL WAS
 EVALUATED FOR VALIDITY AND EXPLAINABILITY BEFORE SALE OR LICENSING.
   2. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, AND ANNUALLY
 THEREAFTER, A DEVELOPER SHALL PERFORM AN IMPACT ASSESSMENT FOR ANY AUTO-
 MATED EMPLOYMENT DECISION TOOL MADE AVAILABLE FOR SALE OR LICENSING.
   3. THE IMPACT ASSESSMENT REQUIRED PURSUANT TO SUBDIVISION ONE OF  THIS
 SECTION SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A)  A  STATEMENT  OF THE INTENDED PURPOSE OF THE AUTOMATED EMPLOYMENT
 DECISION TOOL AND ITS INTENDED BENEFITS, USES, AND DEPLOYMENT CONTEXTS;
   (B) A DESCRIPTION OF THE AUTOMATED EMPLOYMENT DECISION  TOOL'S  OUTPUT
 AND  HOW  SUCH OUTPUT IS INTENDED TO BE THE CONTROLLING FACTOR IN CONSE-
 QUENTIAL EMPLOYMENT DECISIONS;
   (C) A SUMMARY OF THE TYPE OF DATA THE  AUTOMATED  EMPLOYMENT  DECISION
 TOOL  IS  INTENDED TO COLLECT FROM AN INDIVIDUAL WHEN IT IS THE CONTROL-
 LING FACTOR IN A CONSEQUENTIAL EMPLOYMENT DECISION;
   (D) AN ASSESSMENT OF  ANY  REASONABLY  FORESEEABLE  RISK  OF  UNLAWFUL
 DISCRIMINATION ARISING FROM THE INTENDED USE OF THE AUTOMATED EMPLOYMENT
 DECISION  TOOL  AND  A  DESCRIPTION OF THE SAFEGUARD IMPLEMENTED OR THAT
 WILL BE IMPLEMENTED BY THE DEVELOPER TO MITIGATE SUCH RISK; AND
   (E) A DESCRIPTION OF HOW THE AUTOMATED EMPLOYMENT DECISION TOOL CAN BE
 MONITORED BY THE DEPLOYER WHEN IT IS THE CONTROLLING FACTOR IN A  CONSE-
 QUENTIAL EMPLOYMENT DECISION.
   4.  THIS  SECTION  DOES  NOT REQUIRE A DEVELOPER TO DISCLOSE ANY TRADE
 SECRET, AS DEFINED BY SECTION 1839 OF TITLE  18  OF  THE  UNITED  STATES
 CODE,  OR  OTHER  PRIVILEGED  OR  CONFIDENTIAL BUSINESS INFORMATION TO A
 DEPLOYER.
   § 754. AI GOVERNANCE. 1. A  DEPLOYER  OR  DEVELOPER  SHALL  ESTABLISH,
 DOCUMENT,  IMPLEMENT,  AND  MAINTAIN  A GOVERNANCE PROGRAM THAT CONTAINS
 REASONABLE ADMINISTRATIVE AND  TECHNICAL  SAFEGUARDS  TO  MAP,  MEASURE,
 MANAGE, AND GOVERN THE REASONABLY FORESEEABLE RISK OF UNLAWFUL DISCRIMI-
 NATION  ASSOCIATED  WITH THE USE OR INTENDED USE OF AN AUTOMATED EMPLOY-
 MENT DECISION TOOL.
   2. THE SAFEGUARDS REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
 SHALL BE APPROPRIATE TO:
   (A) THE USE OR INTENDED USE OF THE AUTOMATED EMPLOYMENT DECISION TOOL;
   (B) THE ENTITY'S ROLE AS A DEPLOYER, DEVELOPER, OR BOTH;
   (C) THE DEPLOYER OR DEVELOPER'S SIZE, COMPLEXITY, AND RESOURCES;
   (D) THE NATURE, CONTEXT, AND SCOPE OF THE ACTIVITIES OF  THE  DEPLOYER
 OR  DEVELOPER IN CONNECTION WITH THE AUTOMATED EMPLOYMENT DECISION TOOL;
 AND
   (E) THE TECHNICAL FEASIBILITY AND COST  OF  AVAILABLE  TOOLS,  ASSESS-
 MENTS,  AND  OTHER MEANS USED BY THE DEPLOYER OR DEVELOPER TO MAP, MEAS-
 S. 5641--A                          4
 
 URE, MANAGE, AND GOVERN THE RISKS ASSOCIATED WITH AN  AUTOMATED  EMPLOY-
 MENT DECISION TOOL.
   3.  A  GOVERNANCE PROGRAM REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION SHALL BE DESIGNED TO, AT A MINIMUM:
   (A) DESIGNATE ONE OR MORE EMPLOYEES TO BE RESPONSIBLE  FOR  OVERSEEING
 AND MAINTAINING THE GOVERNANCE PROGRAM AND COMPLIANCE WITH THIS ARTICLE;
   (I)  AN  EMPLOYEE  DESIGNATED PURSUANT TO THIS PARAGRAPH MAY ASSERT TO
 THEIR EMPLOYER A GOOD FAITH BELIEF THAT THE DESIGN, PRODUCTION,  OR  USE
 OF  AN  AUTOMATED  EMPLOYMENT  DECISION  TOOL  FAILS  TO COMPLY WITH THE
 REQUIREMENTS OF THIS ARTICLE.
   (II) AN EMPLOYER OF AN EMPLOYEE DESIGNATED PURSUANT TO THIS  PARAGRAPH
 SHALL  CONDUCT  A PROMPT AND COMPLETE ASSESSMENT OF ANY COMPLIANCE ISSUE
 RAISED BY SUCH EMPLOYEE.
   (B) IDENTIFY AND IMPLEMENT SAFEGUARDS TO ADDRESS REASONABLY  FORESEEA-
 BLE  RISKS OF UNLAWFUL DISCRIMINATION RESULTING FROM THE USE OR INTENDED
 USE OF AN AUTOMATED EMPLOYMENT DECISION TOOL;
   (C) WHEN ACTING AS A DEPLOYER, CONDUCT IMPACT ASSESSMENTS  IN  ACCORD-
 ANCE WITH SECTION SEVEN HUNDRED FIFTY-TWO OF THIS ARTICLE;
   (D) WHEN ACTING AS A DEVELOPER, MEET ALL OBLIGATIONS REQUIRED PURSUANT
 TO SECTION SEVEN HUNDRED FIFTY-THREE OF THIS ARTICLE;
   (E)  CONDUCT AN ANNUAL AND COMPREHENSIVE REVIEW OF THE POLICIES, PRAC-
 TICES, AND PROCEDURES TO ENSURE COMPLIANCE WITH THIS ARTICLE;
   (F) MAINTAIN THE RESULTS OF THE IMPACT  ASSESSMENT  REQUIRED  BY  THIS
 ARTICLE  FOR  TWO  YEARS AFTER THE COMPLETION OF SUCH IMPACT ASSESSMENT;
 AND
   (G) EVALUATE AND MAKE REASONABLE  ADJUSTMENTS  TO  ADMINISTRATIVE  AND
 TECHNICAL  SAFEGUARDS  IN  LIGHT  OF MATERIAL CHANGES IN TECHNOLOGY, THE
 RISKS ASSOCIATED WITH THE AUTOMATED EMPLOYMENT DECISION TOOL, THE  STATE
 OF  TECHNICAL  STANDARDS,  AND  CHANGES  IN THE BUSINESS ARRANGEMENTS OR
 OPERATIONS OF THE DEPLOYER OR DEVELOPER.
   § 755. TRANSPARENCY. 1. A DEPLOYER SHALL, AT OR BEFORE THE TIME  OF  A
 CONSEQUENTIAL  EMPLOYMENT  DECISION,  NOTIFY  THE INDIVIDUAL THAT IS THE
 SUBJECT OF THE  CONSEQUENTIAL  EMPLOYMENT  DECISION  THAT  AN  AUTOMATED
 EMPLOYMENT DECISION TOOL IS IN USE.
   2. A DEPLOYER SHALL PROVIDE THE FOLLOWING INFORMATION TO AN INDIVIDUAL
 NOTIFIED PURSUANT TO SUBDIVISION ONE OF THIS SECTION:
   (A)  A  STATEMENT  OF THE PURPOSE OF THE AUTOMATED EMPLOYMENT DECISION
 TOOL;
   (B) A PLAIN LANGUAGE DESCRIPTION OF HOW THE AUTOMATED EMPLOYMENT DECI-
 SION TOOL IS THE CONTROLLING  FACTOR  IN  THE  CONSEQUENTIAL  EMPLOYMENT
 DECISION; AND
   (C) CONTACT INFORMATION OF THE DEPLOYER.
   3. A DEPLOYER OR DEVELOPER SHALL MAKE PUBLICLY AVAILABLE, IN A READILY
 ACCESSIBLE  MANNER,  A  PLAIN LANGUAGE POLICY THAT PROVIDES A SUMMARY OF
 THE FOLLOWING:
   (A) THE TYPE OF AUTOMATED EMPLOYMENT DECISION TOOL CURRENTLY IN USE OR
 MADE AVAILABLE TO OTHERS FOR USE; AND
   (B) HOW THE DEPLOYER OR DEVELOPER MANAGES ANY  REASONABLY  FORESEEABLE
 RISK  OF  UNLAWFUL DISCRIMINATION THAT ARISES FROM THE AUTOMATED EMPLOY-
 MENT DECISION TOOL CURRENTLY IN USE OR MADE AVAILABLE TO OTHERS FOR USE.
   § 756. ENFORCEMENT. 1. THE ATTORNEY GENERAL MAY INITIATE  AN  INVESTI-
 GATION  OF  A  DEPLOYER  OR DEVELOPER IF A PREPONDERANCE OF THE EVIDENCE
 ESTABLISHES A SUSPICION OF A VIOLATION OF THIS ARTICLE.
   (A) UPON THE REQUEST OF THE ATTORNEY GENERAL, A DEPLOYER OR  DEVELOPER
 SHALL,  WITHIN  FORTY-FIVE  DAYS,  PROVIDE  TO  THE ATTORNEY GENERAL ANY
 IMPACT ASSESSMENT PERFORMED PURSUANT TO THIS ARTICLE.
 S. 5641--A                          5
 
   (B) THE DISCLOSURE OF AN IMPACT ASSESSMENT PURSUANT TO  PARAGRAPH  (A)
 OF  THIS SUBDIVISION DOES NOT CONSTITUTE A WAIVER OF ANY ATTORNEY-CLIENT
 PRIVILEGE OR WORK-PRODUCT PROTECTION THAT  MIGHT  OTHERWISE  EXIST  WITH
 RESPECT TO SUCH IMPACT ASSESSMENT AND ANY INFORMATION CONTAINED THEREIN.
   (C)  A  TRADE  SECRET,  AS  DEFINED BY SECTION 1839 OF TITLE 18 OF THE
 UNITED STATES CODE, THAT IS CONTAINED IN AN IMPACT ASSESSMENT  DISCLOSED
 TO THE ATTORNEY GENERAL PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION IS
 EXEMPT FROM ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   2. (A) THE ATTORNEY GENERAL SHALL PROVIDE WRITTEN NOTICE TO A DEPLOYER
 OR DEVELOPER OF AN ALLEGED VIOLATION OF THIS ARTICLE AT LEAST FORTY-FIVE
 DAYS PRIOR TO COMMENCING AN ENFORCEMENT ACTION.
   (B)  THE  DEPLOYER  OR DEVELOPER MAY CURE THE NOTICED VIOLATION WITHIN
 FORTY-FIVE DAYS OF RECEIVING THE WRITTEN NOTICE  REQUIRED  BY  PARAGRAPH
 (A) OF THIS SUBDIVISION.
   §  757.  COMPLIANCE.  A  DEPLOYER OR DEVELOPER THAT COMPLIES WITH THIS
 ARTICLE SHALL BE  DEEMED  COMPLIANT  WITH  ANY  LAW,  REGULATION,  RULE,
 REQUIREMENT, OR STANDARD RELATED TO THE PERFORMANCE OF AN IMPACT ASSESS-
 MENT,  AUDIT,  OR  GOVERNANCE  PROGRAM, OR THE EQUIVALENT THEREOF, OF AN
 AUTOMATED EMPLOYMENT DECISION  TOOL  THAT  IS  ADOPTED,  MAINTAINED,  OR
 ENFORCED BY A POLITICAL SUBDIVISION OF NEW YORK STATE.
   § 2. This act shall take effect immediately.

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Senate Bill S5641A

Sponsored By

Current Bill Status - In Senate Committee Labor Committee

Bill Amendments

2023-S5641 - Details

2023-S5641 - Summary

2023-S5641 - Sponsor Memo

2023-S5641 - Bill Text download pdf

2023-S5641A (ACTIVE) - Details

2023-S5641A (ACTIVE) - Summary

2023-S5641A (ACTIVE) - Sponsor Memo

2023-S5641A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5641A

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Sponsored By

Leroy Comrie

Current Bill Status - In Senate Committee Labor Committee

Bill Amendments

2023-S5641 - Details

2023-S5641 - Summary

2023-S5641 - Sponsor Memo

2023-S5641 - Bill Text download pdf

2023-S5641A (ACTIVE) - Details

2023-S5641A (ACTIVE) - Summary

2023-S5641A (ACTIVE) - Sponsor Memo

2023-S5641A (ACTIVE) - Bill Text download pdf

Comments