Senate Bill S10290

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10290
 
                             I N  S E N A T E
 
                               May 11, 2026
                                ___________
 
 Introduced  by Sen. GONZALEZ -- 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  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 article 35-A to
 read as follows:
                               ARTICLE 35-A
                  BOSSWARE AND OPPRESSIVE TECHNOLOGY ACT
 SECTION 1010. DEFINITIONS.
         1011. ELECTRONIC MONITORING TOOLS.
         1012. AUTOMATED EMPLOYMENT DECISION TOOLS.
         1013. DATA ACCESS AND ACCURACY.
         1014. RETALIATION PROHIBITED.
         1015. CIVIL LIABILITY.
         1016. VIOLATIONS.
         1017. POWERS OF THE COMMISSIONER.
   § 1010. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION,  THE  FOLLOWING
 TERMS HAVE THE FOLLOWING MEANINGS:
   1. "AGGREGATED EMPLOYEE DATA" MEANS EMPLOYEE DATA THAT AN EMPLOYER HAS
 COMBINED,  OR COLLECTED TOGETHER, IN A SUMMARY OR OTHER FORM SO THAT THE
 EMPLOYEE DATA CANNOT BE IDENTIFIED WITH ANY SPECIFIC EMPLOYEE.
   2. "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 AN OUTPUT, INCLUDING A SCORE, CLASSIFICATION, RANK-
 ING, OR RECOMMENDATION, THAT IS USED TO ASSIST OR REPLACE HUMAN DECISION
 MAKING ON 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15413-01-6
              

 S. 10290                            2
 
 FILTER, FIREWALL, ANTIVIRUS SOFTWARE, CALCULATOR, SPREADSHEET, DATABASE,
 DATA SET, OR OTHER COMPILATION OF DATA.
   3.  "CANDIDATE" MEANS ANY NATURAL PERSON OR THEIR AUTHORIZED REPRESEN-
 TATIVE SEEKING EMPLOYMENT THROUGH AN APPLICATION, OR WHO IS SCREENED  OR
 EVALUATED  FOR  RECRUITMENT,  FOR A POSITION OF EMPLOYMENT BY A BUSINESS
 OPERATING IN THE STATE.
   4. "CONTINUOUS  INCREMENTAL  TIME-TRACKING  TOOL"  MEANS  ANY  SYSTEM,
 APPLICATION  OR  INSTRUMENT  THAT  CONTINUOUSLY MEASURES, RECORDS AND/OR
 TALLIES INCREMENTS OF TIME WITHIN A DAY DURING WHICH AN EMPLOYEE  IS  OR
 IS NOT DOING A PARTICULAR ACTIVITY OR SET OF ACTIVITIES.
   5.  "ELECTRONIC  MONITORING  TOOL"  MEANS  ANY SYSTEM, APPLICATION, OR
 INSTRUMENT THAT FACILITATES THE COLLECTION  OF  DATA  CONCERNING  WORKER
 ACTIVITIES  OR COMMUNICATIONS BY ANY MEANS OTHER THAN DIRECT OBSERVATION
 BY A NATURAL PERSON, INCLUDING BUT NOT LIMITED TO THE USE OF A COMPUTER,
 TELEPHONE, WIRE, RADIO,  CAMERA,  ELECTROMAGNETIC,  PHOTOELECTRONIC,  OR
 PHOTO-OPTICAL SYSTEM.
   6.  "EGREGIOUS  MISCONDUCT"  MEANS  DELIBERATE  OR  GROSSLY  NEGLIGENT
 CONDUCT THAT ENDANGERS THE  SAFETY  OR  WELL-BEING  OF  THE  INDIVIDUAL,
 CO-WORKERS,  CUSTOMERS,  OR OTHER PERSONS, OR THAT CAUSES SERIOUS DAMAGE
 TO THE EMPLOYER'S OR CUSTOMERS' PROPERTY OR BUSINESS INTERESTS,  INCLUD-
 ING  DISCRIMINATION  AGAINST  OR HARASSMENT OF CO-WORKERS, CUSTOMERS, OR
 OTHER PERSONS OR VIOLATIONS OF THE LAW.
   7. "EMPLOYER" MEANS ANY PERSON WHO DIRECTLY OR INDIRECTLY, OR  THROUGH
 AN  AGENT  OR  ANY  OTHER  PERSON, EMPLOYS OR EXERCISES CONTROL OVER THE
 WAGES, BENEFITS, OTHER COMPENSATION, HOURS, WORKING  CONDITIONS,  ACCESS
 TO  WORK  OR  JOB OPPORTUNITIES, OR OTHER TERMS OR CONDITIONS OF EMPLOY-
 MENT, OF ANY WORKER, INCLUDING THE STATE,  COUNTY,  TOWN,  CITY,  SCHOOL
 DISTRICT,  PUBLIC  AUTHORITY  OR  OTHER  GOVERNMENTAL SUBDIVISION OF ANY
 KIND.  "EMPLOYER" INCLUDES ANY OF THE EMPLOYER'S AGENTS, CONTRACTORS, OR
 SUBCONTRACTORS.
   8. "EMPLOYEE" MEANS ANY NATURAL PERSON OR THEIR  AUTHORIZED  REPRESEN-
 TATIVE ACTING FOR, EMPLOYED BY, OR A PERSON CLASSIFIED AS AN INDEPENDENT
 CONTRACTOR  PROVIDING  SERVICE  TO, OR THROUGH, AN EMPLOYER OPERATING IN
 THE STATE.  AN EMPLOYEE SHALL BE DEEMED TO BE OPERATING IN THE STATE FOR
 PURPOSES OF DEEMING AN EMPLOYEE TO BE COVERED BY  THIS  ARTICLE  IF  THE
 EMPLOYEE  WORKS  AT  LEAST  PART  TIME AT A LOCATION IN THE STATE, OR IF
 FULLY REMOTE, THE EMPLOYEE IS ASSOCIATED WITH AN OFFICE IN THE STATE  OR
 SUPERVISED BY A PERSON WHO WORKS AT LEAST PART TIME AT A LOCATION IN THE
 STATE. EMPLOYEE CAN MEAN A FORMER EMPLOYEE.
   9.  "EMPLOYEE DATA" MEANS ANY INFORMATION THAT IDENTIFIES, RELATES TO,
 DESCRIBES, IS REASONABLY CAPABLE OF  BEING  ASSOCIATED  WITH,  OR  COULD
 REASONABLY  BE LINKED, DIRECTLY OR INDIRECTLY, WITH A PARTICULAR EMPLOY-
 EE, REGARDLESS  OF  HOW  THE  INFORMATION  IS  COLLECTED,  INFERRED,  OR
 OBTAINED.  DATA INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING:
   (A)  PERSONAL  IDENTITY  INFORMATION, INCLUDING THE INDIVIDUAL'S NAME,
 CONTACT INFORMATION, GOVERNMENT-ISSUED IDENTIFICATION NUMBER,  FINANCIAL
 INFORMATION, CRIMINAL BACKGROUND, OR EMPLOYMENT HISTORY;
   (B)  BIOMETRIC  INFORMATION, INCLUDING THE INDIVIDUAL'S PHYSIOLOGICAL,
 BIOLOGICAL, OR BEHAVIORAL CHARACTERISTICS,  INCLUDING  THE  INDIVIDUAL'S
 DEOXYRIBONUCLEIC  ACID (DNA), THAT CAN BE USED, SINGLY OR IN COMBINATION
 WITH OTHER DATA, TO ESTABLISH INDIVIDUAL IDENTITY;
   (C) HEALTH, MEDICAL, LIFESTYLE, AND  WELLNESS  INFORMATION,  INCLUDING
 THE  INDIVIDUAL'S MEDICAL HISTORY, PHYSICAL OR MENTAL CONDITION, DIET OR
 PHYSICAL ACTIVITY PATTERNS, HEART RATE, MEDICAL TREATMENT  OR  DIAGNOSIS
 BY A HEALTH CARE PROFESSIONAL, HEALTH INSURANCE POLICY NUMBER, SUBSCRIB-
 S. 10290                            3
 
 ER  IDENTIFICATION  NUMBER,  OR OTHER UNIQUE IDENTIFIER USED TO IDENTIFY
 THE INDIVIDUAL; AND
   (D) ANY DATA RELATED TO WORKPLACE ACTIVITIES, INCLUDING THE FOLLOWING:
   (I) HUMAN RESOURCES INFORMATION, INCLUDING THE CONTENTS OF AN INDIVID-
 UAL'S PERSONNEL FILE OR PERFORMANCE EVALUATIONS;
   (II)  WORK PROCESS INFORMATION, SUCH AS DATA RELATING TO AN INDIVIDUAL
 EMPLOYEE'S PERFORMANCE, INCLUDING BUT NOT LIMITED TO QUANTITIES OF TASKS
 PERFORMED, QUANTITIES OF ITEMS OR MATERIALS HANDLED OR  PRODUCED,  RATES
 OR  SPEEDS  OF  TASKS  PERFORMED,  MEASUREMENTS  OR  METRICS OF EMPLOYEE
 PERFORMANCE IN RELATION TO A QUOTA, AND TIME CATEGORIZED  AS  PERFORMING
 TASKS OR NOT PERFORMING TASKS;
   (III)  DATA  THAT  CAPTURES WORKPLACE COMMUNICATIONS AND INTERACTIONS,
 INCLUDING EMAILS, TEXTS, INTERNAL MESSAGE BOARDS,  AND  CUSTOMER  INTER-
 ACTION AND RATINGS;
   (IV)  DEVICE  USAGE  AND  DATA,  INCLUDING CALLS PLACED OR GEOLOCATION
 INFORMATION;
   (V) AUDIO OR VIDEO DATA OR OTHER INFORMATION COLLECTED  FROM  SENSORS,
 INCLUDING  MOVEMENT  TRACKING,  THERMAL  SENSORS, VOICEPRINTS, OR FACIAL
 RECOGNITION, EMOTION, AND GAIT RECOGNITION;
   (VI) INPUTS TO OR OUTPUTS GENERATED BY AN AUTOMATED  EMPLOYMENT  DECI-
 SION TOOL THAT ARE LINKED TO THE INDIVIDUAL;
   (VII)  DATA  COLLECTED  THROUGH  ELECTRONIC  MONITORING  OR CONTINUOUS
 INCREMENTAL TIME-TRACKING TOOLS; AND
   (VIII) DATA COLLECTED OR GENERATED ON WORKERS TO MITIGATE  THE  SPREAD
 OF  INFECTIOUS  DISEASES,  INCLUDING  COVID-19, OR TO COMPLY WITH PUBLIC
 HEALTH MEASURES.
   10. "EMPLOYMENT DECISION" MEANS ANY DECISION MADE BY THE EMPLOYER THAT
 AFFECTS WAGES,  BENEFITS,  OTHER  COMPENSATION,  HOURS,  WORK  SCHEDULE,
 PERFORMANCE  EVALUATION,  HIRING, SELECTING FOR RECRUITMENT, DISCIPLINE,
 PROMOTION, TERMINATION, JOB CONTENT, ASSIGNMENT OF WORK, ACCESS TO  WORK
 OPPORTUNITIES,  PRODUCTIVITY  REQUIREMENTS, WORKPLACE HEALTH AND SAFETY,
 AND OTHER TERMS OR CONDITIONS OF EMPLOYMENT. FOR PERSONS  CLASSIFIED  AS
 INDEPENDENT CONTRACTORS OR FOR CANDIDATES FOR EMPLOYMENT, THIS MEANS THE
 EQUIVALENT  OF THESE DECISIONS BASED ON THEIR CONTRACT WITH OR RELATION-
 SHIP TO THE EMPLOYER.
   11. "IMPACT ASSESSMENT" MEANS AN IMPARTIAL EVALUATION BY AN  INDEPEND-
 ENT AUDITOR THAT COMPLIES WITH SECTION ONE THOUSAND TWELVE OF THIS ARTI-
 CLE.
   12.  "INDEPENDENT  AUDITOR"  MEANS A PERSON OR ENTITY THAT CONDUCTS AN
 IMPACT ASSESSMENT OF AN AUTOMATED EMPLOYMENT DECISION TOOL IN  A  MANNER
 THAT EXERCISES OBJECTIVE AND IMPARTIAL JUDGMENT ON ALL ISSUES WITHIN THE
 SCOPE  OF  SUCH EVALUATION OR ASSESSMENT. A PERSON IS NOT AN INDEPENDENT
 AUDITOR OF AN AUTOMATED EMPLOYMENT DECISION TOOL IF THEY CURRENTLY OR AT
 ANY POINT IN THE FIVE YEARS PRECEDING THE IMPACT ASSESSMENT:
   (A) ARE OR WERE INVOLVED IN USING, DEVELOPING, OFFERING, LICENSING, OR
 DEPLOYING THE AUTOMATED EMPLOYMENT DECISION TOOL;
   (B) HAVE OR HAD AN EMPLOYMENT RELATIONSHIP WITH A DEVELOPER OR DEPLOY-
 ER THAT USES, OFFERS, OR  LICENSES  THE  AUTOMATED  EMPLOYMENT  DECISION
 TOOL; OR
   (C)  HAVE  OR  HAD  A DIRECT FINANCIAL INTEREST OR A MATERIAL INDIRECT
 FINANCIAL INTEREST IN A DEVELOPER OR  DEPLOYER  THAT  USES,  OFFERS,  OR
 LICENSES THE AUTOMATED EMPLOYMENT DECISION TOOL.
   13.  "MEANINGFUL  HUMAN OVERSIGHT" MEANS A PROCESS THAT INCLUDES, AT A
 MINIMUM:
   (A) THE DESIGNATION OF AN INTERNAL REVIEWER WITH SUFFICIENT  EXPERTISE
 IN  THE  OPERATION  OF  AUTOMATED  EMPLOYMENT DECISION TOOLS, SUFFICIENT
 S. 10290                            4
 
 FAMILIARITY WITH THE RESULTS OF THE MOST RECENT IMPACT ASSESSMENT OF THE
 EMPLOYER'S TOOL, AND SUFFICIENT UNDERSTANDING  OF  THE  OUTPUTS  OF  THE
 EMPLOYER'S  TOOL TO IDENTIFY POTENTIAL ERRORS, DISCREPANCIES, OR INACCU-
 RACIES PRODUCED BY THE TOOL;
   (B)  THAT SUFFICIENT AUTHORITY AND DISCRETION BE GRANTED TO THE DESIG-
 NATED INTERNAL REVIEWER TO DISPUTE, RERUN, OR RECOMMEND THE REJECTION OF
 AN OUTPUT SUSPECTED TO BE INVALID, INACCURATE, OR DISCRIMINATORY; AND
   (C) THAT THE DESIGNATED INTERNAL REVIEWER HAS THE TIME  AND  RESOURCES
 AVAILABLE  TO  REVIEW  AND  EVALUATE  THE TOOL OUTPUT IN ACCORDANCE WITH
 PARAGRAPH (B) OF THIS SUBDIVISION.
   14. "PERIODIC ASSESSMENT OF WORKER PERFORMANCE" MEANS ASSESSING WORKER
 PERFORMANCE OVER THE COURSE OF UNITS OF TIME EQUAL TO  OR  GREATER  THAN
 ONE CALENDAR DAY.
   15.  "PROTECTED CLASS" MEANS A CLASS ENUMERATED IN SECTION TWO HUNDRED
 NINETY-SIX OF THE EXECUTIVE LAW.
   16. "VENDOR" MEANS ANY PERSON OR ENTITY  WHO  SELLS,  DISTRIBUTES,  OR
 DEVELOPS FOR SALE AN AUTOMATED EMPLOYMENT DECISION TOOL TO BE USED IN AN
 EMPLOYMENT DECISION MADE BY AN EMPLOYER IN THE STATE.  "VENDOR" INCLUDES
 ANY OF THE VENDOR'S AGENTS, CONTRACTORS, OR SUBCONTRACTORS.
   §  1011.  ELECTRONIC MONITORING TOOLS. 1. (A) IT SHALL BE UNLAWFUL FOR
 AN EMPLOYER TO USE AN ELECTRONIC MONITORING  TOOL  TO  COLLECT  EMPLOYEE
 DATA UNLESS:
   (I) THE ELECTRONIC MONITORING TOOL IS PRIMARILY USED TO ACCOMPLISH ANY
 OF THE FOLLOWING PURPOSES:
   (A) ALLOWING A WORKER TO ACCOMPLISH AN ESSENTIAL JOB FUNCTION;
   (B) ENSURING THE QUALITY OF GOODS AND SERVICES;
   (C) PERIODIC ASSESSMENT OF WORKER PERFORMANCE;
   (D)  ENSURING  COMPLIANCE  WITH  EMPLOYMENT,  LABOR, OR OTHER RELEVANT
 LAWS;
   (E) PROTECTING THE HEALTH, SAFETY, OR  SECURITY  OF  WORKERS,  OR  THE
 SECURITY OF THE EMPLOYER'S FACILITIES OR COMPUTER NETWORKS;
   (F) ADMINISTERING WAGES AND BENEFITS; OR
   (G) ADDITIONAL PURPOSES TO ENABLE BUSINESS OPERATIONS AS DETERMINED BY
 THE DEPARTMENT;
   (II)  THE  SPECIFIC  TYPE  OF  ELECTRONIC  MONITORING TOOL IS STRICTLY
 NECESSARY TO ACCOMPLISH THE PURPOSE, EXCLUSIVELY USED TO ACCOMPLISH  THE
 PURPOSE,  AND  IS  THE  LEAST  INVASIVE MEANS TO THE EMPLOYEE THAT COULD
 REASONABLY BE USED TO ACCOMPLISH THE PURPOSE; AND
   (III) THE SPECIFIC FORM OF ELECTRONIC MONITORING  IS  LIMITED  TO  THE
 SMALLEST  NUMBER  OF  WORKERS,  COLLECTS THE LEAST AMOUNT OF DATA AND IS
 COLLECTED NO  MORE  FREQUENTLY  THAN  IS  NECESSARY  TO  ACCOMPLISH  THE
 PURPOSE,  AND  THE  DATA  COLLECTED IS DELETED ONCE THE PURPOSE HAS BEEN
 ACHIEVED.
   (B) ANY EMPLOYER THAT USES AN ELECTRONIC MONITORING  TOOL  SHALL  GIVE
 PRIOR  WRITTEN  NOTICE  TO ALL CANDIDATES AND EMPLOYEES SUBJECT TO ELEC-
 TRONIC MONITORING AND POST SAID NOTICE IN A CONSPICUOUS PLACE  WHICH  IS
 READILY  AVAILABLE  FOR VIEWING BY CANDIDATES AND EMPLOYEES, PURSUANT TO
 SUBDIVISION TWO OF SECTION FIFTY-TWO-E OF THE  CIVIL  RIGHTS  LAW.  SUCH
 NOTICE SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING:
   (I)  A  DESCRIPTION OF THE PURPOSE FOR WHICH THE ELECTRONIC MONITORING
 TOOL WILL BE USED, AS SPECIFIED IN SUBPARAGRAPH (I) OF PARAGRAPH (A)  OF
 THIS SUBDIVISION;
   (II)  A DESCRIPTION OF THE SPECIFIC EMPLOYEE DATA TO BE COLLECTED, AND
 THE ACTIVITIES, LOCATIONS, COMMUNICATIONS, AND JOB ROLES  THAT  WILL  BE
 ELECTRONICALLY MONITORED BY THE TOOL;
 S. 10290                            5
 
   (III) A DESCRIPTION OF THE DATES, TIMES, AND FREQUENCY THAT ELECTRONIC
 MONITORING WILL OCCUR;
   (IV)  WHETHER  AND  HOW  ANY EMPLOYEE DATA COLLECTED BY THE ELECTRONIC
 MONITORING TOOL WILL BE USED AS AN  INPUT  IN  AN  AUTOMATED  EMPLOYMENT
 DECISION TOOL;
   (V)  WHETHER  AND  HOW  ANY  EMPLOYEE DATA COLLECTED BY THE ELECTRONIC
 MONITORING TOOL WILL ALONE OR IN CONJUNCTION WITH AN  AUTOMATED  EMPLOY-
 MENT DECISION TOOL BE USED TO MAKE AN EMPLOYMENT DECISION BY THE EMPLOY-
 ER OR EMPLOYMENT AGENCY;
   (VI)  WHETHER ANY EMPLOYEE DATA COLLECTED BY THE ELECTRONIC MONITORING
 TOOL WILL BE USED TO ASSESS EMPLOYEES' PRODUCTIVITY  PERFORMANCE  OR  TO
 SET PRODUCTIVITY STANDARDS, AND IF SO, HOW;
   (VII)  A DESCRIPTION OF WHERE ANY EMPLOYEE DATA COLLECTED BY THE ELEC-
 TRONIC MONITORING TOOL WILL BE STORED AND THE LENGTH OF TIME IT WILL  BE
 RETAINED; AND
   (VIII) AN EXPLANATION FOR HOW THE SPECIFIC ELECTRONIC MONITORING PRAC-
 TICE  IS THE LEAST INVASIVE MEANS AVAILABLE TO ACCOMPLISH THE MONITORING
 PURPOSE.
   (C) AN EMPLOYER SHALL ESTABLISH,  MAINTAIN,  AND  PRESERVE  FOR  THREE
 YEARS  CONTEMPORANEOUS, TRUE, AND ACCURATE RECORDS OF DATA COLLECTED VIA
 AN ELECTRONIC MONITORING TOOL TO  ENSURE  COMPLIANCE  WITH  EMPLOYEE  OR
 COMMISSIONER  REQUESTS FOR DATA. THE EMPLOYER SHALL DESTROY ANY EMPLOYEE
 DATA COLLECTED VIA AN ELECTRONIC MONITORING TOOL NO LATER  THAN  THIRTY-
 SEVEN  MONTHS  AFTER COLLECTION UNLESS THE EMPLOYEE HAS PROVIDED WRITTEN
 AND INFORMED CONSENT TO THE RETENTION OF THEIR DATA BY THE EMPLOYER.
   (D) NOTICE OF THE SPECIFIC FORM OF ELECTRONIC MONITORING SHALL:
   (I) BE WRITTEN IN CLEAR AND PLAIN LANGUAGE;
   (II) BE PROVIDED TO EACH EMPLOYEE, IN THE LANGUAGE IDENTIFIED BY  EACH
 EMPLOYEE AS THE PRIMARY LANGUAGE OF SUCH EMPLOYEE, AT THE TIME OF HIRING
 AND AT LEAST ANNUALLY THEREAFTER;
   (III)  BE POSTED IN A CLEAR AND CONSPICUOUS LOCATION IN ENGLISH AND IN
 ANY OTHER LANGUAGE THAT THE EMPLOYER REGULARLY USES TO COMMUNICATE  WITH
 EMPLOYEES;
   (IV) BE MADE AVAILABLE IN FORMATS THAT ARE ACCESSIBLE TO EMPLOYEES WHO
 ARE BLIND OR HAVE OTHER DISABILITIES;
   (V)  PROVIDE  THE  WORKER  WITH ACTUAL NOTICE OF ELECTRONIC MONITORING
 ACTIVITIES. A NOTICE THAT STATES ELECTRONIC MONITORING "MAY" TAKE  PLACE
 OR  THAT  THE  EMPLOYER  "RESERVES  THE  RIGHT"  TO MONITOR SHALL NOT BE
 CONSIDERED ACTUAL NOTICE OF ELECTRONIC MONITORING ACTIVITIES; AND
   (VI) BE OTHERWISE PRESENTED IN A MANNER THAT ENSURES THE NOTICE CLEAR-
 LY AND EFFECTIVELY COMMUNICATES THE REQUIRED INFORMATION TO EMPLOYEES.
   (E) (I) AN EMPLOYER WHO ENGAGES IN RANDOM OR PERIODIC ELECTRONIC MONI-
 TORING OF EMPLOYEES SHALL INFORM THE AFFECTED EMPLOYEES OF THE  SPECIFIC
 EVENTS WHICH ARE BEING MONITORED AT THE TIME THE MONITORING TAKES PLACE.
 NOTICE SHALL BE CLEAR AND CONSPICUOUS.
   (II)  NOTICE  OF RANDOM OR PERIODIC ELECTRONIC MONITORING MAY BE GIVEN
 AFTER ELECTRONIC MONITORING HAS OCCURRED ONLY IF NECESSARY  TO  PRESERVE
 THE  INTEGRITY  OF  AN  INVESTIGATION OF ILLEGAL ACTIVITY OR PROTECT THE
 IMMEDIATE SAFETY OF EMPLOYEES, CUSTOMERS, OR THE PUBLIC.
   2. (A) NOTWITHSTANDING THE ALLOWABLE PURPOSES FOR ELECTRONIC  MONITOR-
 ING  DESCRIBED  IN  PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, AN
 EMPLOYER SHALL NOT:
   (I) USE AN ELECTRONIC MONITORING TOOL IN SUCH A MANNER THAT RESULTS IN
 A VIOLATION OF LABOR, EMPLOYMENT, CIVIL RIGHTS, OR HUMAN RIGHTS  LAW  OR
 ANY OTHER LAW OF THIS STATE;
 S. 10290                            6
 
   (II)  USE AN ELECTRONIC MONITORING TOOL OR DATA COLLECTED VIA AN ELEC-
 TRONIC MONITORING TOOL IN SUCH A  MANNER  AS  TO  THREATEN  THE  HEALTH,
 WELFARE, SAFETY, OR LEGAL RIGHTS OF EMPLOYEES OR THE GENERAL PUBLIC;
   (III)  USE  AN ELECTRONIC MONITORING TOOL TO MONITOR EMPLOYEES WHO ARE
 OFF-DUTY AND NOT PERFORMING WORK-RELATED TASKS;
   (IV) USE AN ELECTRONIC MONITORING TOOL IN ORDER TO OBTAIN  INFORMATION
 ABOUT AN EMPLOYEE'S HEALTH, PROTECTED-CLASS STATUS, OR MEMBERSHIP IN ANY
 GROUP PROTECTED FROM EMPLOYMENT DISCRIMINATION UNDER SECTION TWO HUNDRED
 NINETY-SIX OF THE EXECUTIVE LAW OR ANY OTHER APPLICABLE LAW;
   (V) USE AN ELECTRONIC MONITORING TOOL IN ORDER TO IDENTIFY, PUNISH, OR
 OBTAIN  INFORMATION ABOUT EMPLOYEES ENGAGING IN ACTIVITY PROTECTED UNDER
 LABOR OR EMPLOYMENT LAW;
   (VI) CONDUCT AUDIO OR VISUAL MONITORING OF BATHROOMS OR OTHER SIMILAR-
 LY PRIVATE AREAS, INCLUDING LOCKER ROOMS,  CHANGING  AREAS,  BREAKROOMS,
 SMOKING AREAS, EMPLOYEE CAFETERIAS, LOUNGES, AREAS DESIGNATED TO EXPRESS
 BREAST MILK, OR AREAS DESIGNATED FOR PRAYER OR OTHER RELIGIOUS ACTIVITY,
 INCLUDING  DATA  COLLECTION  ON  THE  FREQUENCY  OF USE OF THOSE PRIVATE
 AREAS;
   (VII) CONDUCT AUDIO OR VISUAL MONITORING OF A WORKPLACE IN AN  EMPLOY-
 EE'S  RESIDENCE,  AN  EMPLOYEE'S  PERSONAL VEHICLE, OR PROPERTY OWNED OR
 LEASED BY AN EMPLOYEE;
   (VIII) USE AN ELECTRONIC  MONITORING  TOOL  THAT  INCORPORATES  FACIAL
 RECOGNITION, GAIT, VOICE ANALYSIS, OR EMOTION RECOGNITION TECHNOLOGY;
   (IX) TAKE ADVERSE ACTION AGAINST AN EMPLOYEE BASED IN WHOLE OR IN PART
 ON THEIR OPPOSITION OR REFUSAL TO SUBMIT TO A PRACTICE THAT THE EMPLOYEE
 BELIEVES IN GOOD FAITH VIOLATES THIS ARTICLE;
   (X) TAKE ADVERSE EMPLOYMENT ACTION AGAINST AN EMPLOYEE ON THE BASIS OF
 DATA  COLLECTED VIA CONTINUOUS INCREMENTAL TIME-TRACKING TOOLS EXCEPT IN
 THE CASE OF EGREGIOUS MISCONDUCT;
   (XI) TAKE ADVERSE EMPLOYMENT ACTION AGAINST AN EMPLOYEE BASED  ON  ANY
 DATA  COLLECTED  VIA  ELECTRONIC  MONITORING  IF  SUCH  DATA MEASURES AN
 EMPLOYEE'S PERFORMANCE IN RELATION TO A PERFORMANCE  STANDARD  THAT  HAS
 NOT  BEEN PREVIOUSLY DISCLOSED TO SUCH EMPLOYEE IN VIOLATION OF SUBPARA-
 GRAPH (VI) OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS  SECTION,  OR  IF
 SUCH DATA WAS COLLECTED WITHOUT PROPER NOTICE TO EMPLOYEES OR CANDIDATES
 PURSUANT TO SECTION  FIFTY-TWO-E OF THE CIVIL RIGHTS LAW; OR
   (XII)   WHERE  EMPLOYEES  HAVE  UNION  REPRESENTATION  AND  WHERE  NOT
 PREEMPTED BY FEDERAL LAW, REFUSE TO  BARGAIN  OVER  THE  IMPLEMENTATION,
 USE, AND ONGOING EVALUATION OF ELECTRONIC MONITORING TOOLS.
   (B) AN EMPLOYER SHALL NOT USE EMPLOYEE DATA COLLECTED VIA AN ELECTRON-
 IC  MONITORING    TOOL  FOR  PURPOSES  OTHER THAN THOSE SPECIFIED IN THE
 NOTICE PROVIDED PURSUANT TO PARAGRAPH (B) OF  SUBDIVISION  ONE  OF  THIS
 SECTION.
   (C)   AN  EMPLOYER SHALL NOT SELL, TRANSFER, OR DISCLOSE EMPLOYEE DATA
 COLLECTED VIA AN ELECTRONIC   MONITORING   TOOL   TO  ANY  OTHER  ENTITY
 UNLESS  IT IS REQUIRED TO DO SO UNDER STATE OR FEDERAL LAW, OR NECESSARY
 TO DO SO TO COMPLY WITH AN IMPACT ASSESSMENT OF AN AUTOMATED  EMPLOYMENT
 DECISION TOOL PURSUANT TO SECTION ONE THOUSAND TWELVE OF THIS ARTICLE.
   (D) AN EMPLOYER SHALL NOT REQUIRE EMPLOYEES TO:
   (I)  PHYSICALLY IMPLANT DEVICES THAT COLLECT OR TRANSMIT DATA, INCLUD-
 ING DEVICES THAT ARE INSTALLED SUBCUTANEOUSLY OR INCORPORATED INTO ITEMS
 OF CLOTHING OR PERSONAL ACCESSORIES;
   (II) INSTALL APPLICATIONS ON PERSONAL DEVICES THAT COLLECT OR TRANSMIT
 EMPLOYEE DATA OR  TO WEAR OR  EMBED THOSE DEVICES; OR
   (III) CARRY OR USE ANY DEVICE WITH LOCATION TRACKING  APPLICATIONS  OR
 SERVICES ENABLED UNLESS THE LOCATION TRACKING IS:
 S. 10290                            7
 
   (A) CONDUCTED DURING WORK HOURS; AND
   (B)  STRICTLY  NECESSARY  TO  ACCOMPLISH  ESSENTIAL  JOB FUNCTIONS AND
 NARROWLY  LIMITED TO  ONLY  THE ACTIVITIES AND TIMES NECESSARY TO ACCOM-
 PLISH ESSENTIAL JOB FUNCTIONS.
   (E) AN EMPLOYER SHALL NOT RELY PRIMARILY ON  EMPLOYEE  DATA  COLLECTED
 THROUGH  ELECTRONIC  MONITORING  WHEN  MAKING  HIRING, PROMOTION, TERMI-
 NATION, DISCIPLINARY, OR COMPENSATION  DECISIONS.  FOR  AN  EMPLOYER  TO
 SATISFY THE REQUIREMENTS OF THIS PARAGRAPH:
   (I)  AN  EMPLOYER  MUST  ESTABLISH  MEANINGFUL HUMAN OVERSIGHT OF SUCH
 DECISIONS BASED IN WHOLE OR PART ON DATA  COLLECTED  THROUGH  ELECTRONIC
 MONITORING.
   (II)  A  HUMAN  DECISION-MAKER  MUST  ACTUALLY  REVIEW ANY INFORMATION
 COLLECTED THROUGH ELECTRONIC MONITORING, VERIFY THAT SUCH INFORMATION IS
 ACCURATE AND UP TO DATE, REVIEW ANY PENDING EMPLOYEE REQUESTS TO CORRECT
 ERRONEOUS DATA, AND EXERCISE INDEPENDENT JUDGMENT IN  MAKING  EACH  SUCH
 DECISION; AND
   (III)  THE  HUMAN  DECISION-MAKER MUST CONSIDER INFORMATION OTHER THAN
 INFORMATION COLLECTED THROUGH ELECTRONIC  MONITORING  WHEN  MAKING  EACH
 SUCH  DECISION,  SUCH  AS  BUT  NOT LIMITED TO SUPERVISORY OR MANAGERIAL
 EVALUATIONS, PERSONNEL FILES, EMPLOYEE WORK PRODUCTS, OR PEER REVIEWS.
   (F) WHEN AN EMPLOYER MAKES A HIRING, PROMOTION, TERMINATION, DISCIPLI-
 NARY OR COMPENSATION DECISION BASED IN WHOLE OR PART  ON  DATA  GATHERED
 THROUGH  THE USE OF ELECTRONIC MONITORING, IT SHALL DISCLOSE TO AFFECTED
 EMPLOYEES AT LEAST FOURTEEN  DAYS  PRIOR  TO  THE  DECISION  GOING  INTO
 EFFECT:
   (I)  THAT  THE DECISION WAS BASED IN WHOLE OR PART BASED ON DATA GATH-
 ERED THROUGH ELECTRONIC MONITORING;
   (II) THE SPECIFIC ELECTRONIC MONITORING TOOL OR TOOLS USED  TO  GATHER
 SUCH DATA;
   (III)  THE  SPECIFIC DATA, AND JUDGMENTS BASED UPON SUCH DATA, USED IN
 THE DECISION-MAKING PROCESS; AND
   (IV) ANY INFORMATION USED  IN  THE  DECISION-MAKING  PROCESS  GATHERED
 THROUGH SOURCES OTHER THAN ELECTRONIC MONITORING.
   § 1012. AUTOMATED EMPLOYMENT DECISION TOOLS. 1. (A) IT SHALL BE UNLAW-
 FUL  FOR AN EMPLOYER TO USE AN AUTOMATED EMPLOYMENT DECISION TOOL FOR AN
 EMPLOYMENT DECISION UNLESS SUCH TOOL HAS BEEN THE SUBJECT OF  AN  IMPACT
 ASSESSMENT.   IMPACT ASSESSMENTS FOR AUTOMATED EMPLOYMENT DECISION TOOLS
 MUST:
   (I) BE CONDUCTED NO MORE THAN ONE YEAR PRIOR TO THE USE OF SUCH  TOOL,
 OR  WHERE  THE TOOL WAS IN USE BY THE EMPLOYER BEFORE THE EFFECTIVE DATE
 OF THIS ARTICLE, WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF  THIS  ARTI-
 CLE;
   (II) BE CONDUCTED BY AN INDEPENDENT AND IMPARTIAL PARTY WITH NO FINAN-
 CIAL OR LEGAL CONFLICTS OF INTEREST;
   (III)  IDENTIFY  AND  DESCRIBE  THE ATTRIBUTES AND MODELING TECHNIQUES
 THAT THE TOOL USES TO PRODUCE OUTPUTS;
   (IV) EVALUATE WHETHER THOSE ATTRIBUTES AND TECHNIQUES ARE A  SCIENTIF-
 ICALLY  VALID MEANS OF EVALUATING AN EMPLOYEE OR CANDIDATE'S PERFORMANCE
 OR ABILITY TO PERFORM THE ESSENTIAL FUNCTIONS OF  A  ROLE,  AND  WHETHER
 THOSE  ATTRIBUTES  MAY  FUNCTION AS A PROXY FOR BELONGING TO A PROTECTED
 CLASS;
   (V) CONSIDER, IDENTIFY, AND DESCRIBE ANY DISPARITIES IN THE DATA  USED
 TO  TRAIN  OR  DEVELOP  THE  TOOL AND DESCRIBE HOW THOSE DISPARITIES MAY
 RESULT IN A DISPARATE IMPACT ON PERSONS BELONGING TO A PROTECTED  CLASS,
 AND  WHAT  ACTIONS MAY BE TAKEN BY THE EMPLOYER OR VENDOR OF THE TOOL TO
 REDUCE OR REMEDY ANY DISPARATE IMPACT;
 S. 10290                            8
 
   (VI) CONSIDER, IDENTIFY, AND DESCRIBE ANY OUTPUTS PRODUCED BY THE TOOL
 THAT MAY RESULT  IN  A  DISPARATE  IMPACT  ON  PERSONS  BELONGING  TO  A
 PROTECTED CLASS, AND WHAT ACTIONS MAY BE TAKEN BY THE EMPLOYER OR VENDOR
 OF THE TOOL TO REDUCE OR REMEDY THAT DISPARATE IMPACT;
   (VII) EVALUATE WHETHER THE USE OF THE TOOL MAY LIMIT ACCESSIBILITY FOR
 PERSONS  WITH DISABILITIES, OR FOR PERSONS WITH ANY SPECIFIC DISABILITY,
 AND WHAT ACTIONS MAY BE TAKEN BY THE EMPLOYER OR VENDOR OF THE  TOOL  TO
 REDUCE OR REMEDY THE CONCERN;
   (VIII)  CONSIDER  AND  DESCRIBE  POTENTIAL  SOURCES  OF ADVERSE IMPACT
 AGAINST PROTECTED CLASSES THAT MAY ARISE AFTER THE TOOL IS DEPLOYED;
   (IX) IDENTIFY AND DESCRIBE ANY OTHER ASSESSMENT OF RISKS OF  DISCRIMI-
 NATION OR A DISPARATE IMPACT OF THE TOOL ON MEMBERS OF A PROTECTED CLASS
 THAT  ARISE  OVER  THE COURSE OF THE IMPACT ASSESSMENT, AND WHAT ACTIONS
 MAY BE TAKEN TO REDUCE OR REMEDY THAT RISK;
   (X) FOR ANY FINDING OF A DISPARATE IMPACT OR LIMIT  ON  ACCESSIBILITY,
 EVALUATE  WHETHER  THE  DATA  SET,  ATTRIBUTE, OR FEATURE OF THE TOOL AT
 ISSUE IS THE LEAST DISCRIMINATORY  METHOD  OF  ASSESSING  A  CANDIDATE'S
 PERFORMANCE OR ABILITY TO PERFORM JOB FUNCTIONS; AND
   (XI) BE SUBMITTED IN ITS ENTIRETY OR AN ACCESSIBLE SUMMARY FORM TO THE
 DEPARTMENT FOR INCLUSION IN A PUBLIC REGISTRY OF SUCH IMPACT ASSESSMENTS
 WITHIN  SIXTY DAYS OF COMPLETION AND DISTRIBUTED TO EMPLOYEES WHO MAY BE
 SUBJECT TO THE TOOL.
   (B) AN EMPLOYER SHALL CONDUCT OR COMMISSION SUBSEQUENT IMPACT  ASSESS-
 MENTS  EACH YEAR THAT THE TOOL IS IN USE TO ASSIST OR REPLACE EMPLOYMENT
 DECISIONS.  SUBSEQUENT IMPACT ASSESSMENTS SHALL COMPLY WITH THE REQUIRE-
 MENTS OF PARAGRAPH  (A)  OF  THIS  SUBDIVISION,  AND  SHALL  ASSESS  AND
 DESCRIBE ANY CHANGE IN THE VALIDITY OR DISPARATE IMPACT OF THE TOOL.
   (C) AN EMPLOYER OR VENDOR SHALL RETAIN ALL DOCUMENTATION PERTAINING TO
 THE  DESIGN, DEVELOPMENT, USE, AND DATA OF AN AUTOMATED EMPLOYMENT DECI-
 SION TOOL THAT MAY BE NECESSARY TO CONDUCT AN  IMPACT  ASSESSMENT.  THIS
 INCLUDES  BUT  IS  NOT LIMITED TO THE SOURCE OF THE DATA USED TO DEVELOP
 THE TOOL, THE TECHNICAL SPECIFICATIONS OF THE TOOL, INDIVIDUALS INVOLVED
 IN THE DEVELOPMENT OF THE TOOL, AND HISTORICAL USE DATA  FOR  THE  TOOL.
 SUCH  DOCUMENTATION  MUST INCLUDE A HISTORICAL RECORD OF VERSIONS OF THE
 TOOL, SUCH THAT AN EMPLOYER SHALL BE ABLE TO  ATTEST  IN  THE  EVENT  OF
 LITIGATION  DISPUTING  AN EMPLOYMENT DECISION, THE NATURE AND SPECIFICA-
 TIONS OF THE TOOL AS IT WAS USED AT THE TIME OF  THAT  EMPLOYMENT  DECI-
 SION. SUCH DOCUMENTATION SHALL BE STORED IN ACCORDANCE WITH SUCH RECORD-
 KEEPING,  DATA  RETENTION, AND SECURITY REQUIREMENTS AS THE COMMISSIONER
 MAY SPECIFY, AND IN SUCH A MANNER AS TO BE LEGIBLE AND ACCESSIBLE TO THE
 PARTY CONDUCTING AN IMPACT ASSESSMENT.
   (D) IF  AN  INITIAL  OR  SUBSEQUENT  IMPACT  ASSESSMENT  REQUIRES  THE
 COLLECTION  OF  EMPLOYEE  DATA  TO  ASSESS  A TOOL'S DISPARATE IMPACT ON
 EMPLOYEES, SUCH DATA SHALL BE COLLECTED, PROCESSED, STORED, AND RETAINED
 IN SUCH A MANNER AS TO PROTECT  THE  PRIVACY  OF  EMPLOYEES,  AND  SHALL
 COMPLY  WITH  ANY  DATA RETENTION AND SECURITY REQUIREMENTS SPECIFIED BY
 THE COMMISSIONER. EMPLOYEE DATA PROVIDED TO AUDITORS FOR THE PURPOSE  OF
 AN IMPACT ASSESSMENT SHALL NOT BE SHARED WITH THE EMPLOYER, NOR SHALL IT
 BE SHARED WITH ANY PERSON, BUSINESS ENTITY, OR OTHER ORGANIZATION UNLESS
 STRICTLY NECESSARY FOR THE COMPLETION OF THE IMPACT ASSESSMENT.
   (E)  IF  AN  INITIAL  OR SUBSEQUENT IMPACT ASSESSMENT CONCLUDES THAT A
 DATA SET, FEATURE, OR APPLICATION OF THE AUTOMATED  EMPLOYMENT  DECISION
 TOOL  RESULTS  IN A DISPARATE IMPACT ON PERSONS BELONGING TO A PROTECTED
 CLASS, OR UNLAWFULLY LIMITS ACCESSIBILITY FOR PERSONS WITH DISABILITIES,
 AN EMPLOYER SHALL REFRAIN FROM USING THE TOOL UNTIL IT:
 S. 10290                            9
 
   (I) TAKES REASONABLE AND APPROPRIATE STEPS TO  REMEDY  THAT  DISPARATE
 IMPACT  OR  LIMIT ON ACCESSIBILITY AND DESCRIBE IN WRITING TO EMPLOYEES,
 THE AUDITOR, AND THE DEPARTMENT WHAT STEPS WERE TAKEN; AND
   (II)  IF  THE  EMPLOYER  BELIEVES  THE  IMPACT ASSESSMENT FINDING OF A
 DISPARATE IMPACT OR LIMIT ON ACCESSIBILITY IS  ERRONEOUS,  OR  THAT  THE
 STEPS TAKEN IN ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH SUFFI-
 CIENTLY  ADDRESS  THOSE FINDINGS SUCH THAT THE TOOL MAY BE LAWFULLY USED
 IN ACCORDANCE WITH THIS ARTICLE, DESCRIBES IN WRITING TO EMPLOYEES,  THE
 AUDITOR, AND THE DEPARTMENT HOW THE DATA SET, FEATURE, OR APPLICATION OF
 THE  TOOL  IS THE LEAST DISCRIMINATORY METHOD OF ASSESSING AN EMPLOYEE'S
 PERFORMANCE OR ABILITY TO COMPLETE ESSENTIAL FUNCTIONS OF A POSITION.
   (F) IT SHALL BE  UNLAWFUL  FOR  AN  INDEPENDENT  AUDITOR,  VENDOR,  OR
 EMPLOYER  TO  MANIPULATE,  CONCEAL,  OR  MISREPRESENT  THE RESULTS OF AN
 IMPACT ASSESSMENT.
   (G) NOTHING IN THIS ARTICLE  SHALL  BE  CONSTRUED  AS  PROHIBITING  AN
 EMPLOYER  FROM IMPLEMENTING A LAWFUL AFFIRMATIVE ACTION PLAN OR ENGAGING
 IN OTHERWISE LAWFUL EFFORTS TO REDUCE OR ELIMINATE  BIAS  IN  EMPLOYMENT
 DECISIONS.
   2. (A) ANY EMPLOYER THAT USES AN AUTOMATED EMPLOYMENT DECISION TOOL TO
 ASSESS  OR  EVALUATE AN EMPLOYEE OR CANDIDATE SHALL NOTIFY EMPLOYEES AND
 CANDIDATES SUBJECT TO THE TOOL NO LESS THAN  TEN  BUSINESS  DAYS  BEFORE
 SUCH USE:
   (I)  THAT  AN  AUTOMATED  EMPLOYMENT  DECISION  TOOL  WILL  BE USED IN
 CONNECTION WITH THE ASSESSMENT OR EVALUATION OF SUCH EMPLOYEE OR  CANDI-
 DATE;
   (II)  THE  JOB  QUALIFICATIONS AND CHARACTERISTICS THAT SUCH AUTOMATED
 EMPLOYMENT DECISION TOOL WILL ASSESS, WHAT EMPLOYEE OR CANDIDATE DATA OR
 ATTRIBUTES THE TOOL WILL USE TO CONDUCT THAT ASSESSMENT, AND  WHAT  KIND
 OF  OUTPUTS  THE  TOOL WILL PRODUCE AS AN EVALUATION OF SUCH EMPLOYEE OR
 CANDIDATE;
   (III) WHAT EMPLOYEE OR CANDIDATE DATA IS COLLECTED FOR  THE  AUTOMATED
 EMPLOYMENT  DECISION  TOOL,  THE  SOURCE OF SUCH DATA AND THE EMPLOYER'S
 DATA RETENTION POLICY.  INFORMATION PURSUANT TO THIS SECTION  SHALL  NOT
 BE DISCLOSED WHERE SUCH DISCLOSURE WOULD VIOLATE LOCAL, STATE, OR FEDER-
 AL LAW, OR INTERFERE WITH A LAW ENFORCEMENT INVESTIGATION;
   (IV) THE RESULTS OF THE MOST RECENT IMPACT ASSESSMENT OF THE AUTOMATED
 EMPLOYMENT  DECISION  TOOL, INCLUDING ANY FINDINGS OF A DISPARATE IMPACT
 AND ASSOCIATED RESPONSE FROM THE EMPLOYER, OR INFORMATION ABOUT  HOW  TO
 ACCESS THAT INFORMATION IF PUBLICLY AVAILABLE;
   (V)  INFORMATION  ABOUT  HOW  AN  EMPLOYEE OR CANDIDATE MAY REQUEST AN
 ALTERNATIVE SELECTION PROCESS OR ACCOMMODATION THAT DOES NOT INVOLVE THE
 USE OF AN AUTOMATED EMPLOYMENT DECISION  TOOL  AND  DETAILS  ABOUT  THAT
 ALTERNATIVE PROCESS OR ACCOMMODATION PROCESS; AND
   (VI) INFORMATION ABOUT HOW THE EMPLOYEE OR CANDIDATE MAY:
   (A)  REQUEST REEVALUATION OF THE EMPLOYMENT DECISION MADE BY THE AUTO-
 MATED EMPLOYMENT DECISION TOOL IN ACCORDANCE WITH SECTION  ONE  THOUSAND
 THIRTEEN OF THIS ARTICLE; AND
   (B)  NOTIFICATION  OF  THE  EMPLOYEE  OR  CANDIDATE'S  RIGHT TO FILE A
 COMPLAINT IN A CIVIL COURT  IN  ACCORDANCE  WITH  SECTION  ONE  THOUSAND
 FIFTEEN OF THIS ARTICLE.
   (B) THE NOTICE REQUIRED BY THIS SUBDIVISION SHALL BE:
   (I) WRITTEN IN CLEAR AND PLAIN LANGUAGE;
   (II)  INCLUDED  IN EACH JOB POSTING OR ADVERTISEMENT FOR EACH POSITION
 FOR WHICH THE AUTOMATED EMPLOYMENT DECISION TOOL WILL BE USED;
   (III) POSTED ON THE  EMPLOYER'S  WEBSITE  IN  ANY  LANGUAGE  THAT  THE
 EMPLOYER REGULARLY USES TO COMMUNICATE WITH EMPLOYEES;
 S. 10290                           10
 
   (IV) PROVIDED DIRECTLY TO EACH CANDIDATE WHO APPLIES FOR A POSITION IN
 THE LANGUAGE WITH WHICH THAT CANDIDATE COMMUNICATES WITH THE EMPLOYER;
   (V) MADE AVAILABLE IN FORMATS THAT ARE ACCESSIBLE TO EMPLOYEES WHO ARE
 BLIND OR HAVE OTHER DISABILITIES; AND
   (VI)  OTHERWISE  PRESENTED IN A MANNER THAT ENSURES THE NOTICE CLEARLY
 AND EFFECTIVELY COMMUNICATES THE REQUIRED INFORMATION TO EMPLOYEES.
   3. (A) NOTWITHSTANDING THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
 SECTION,  AN  EMPLOYER  SHALL NOT, ALONE OR IN CONJUNCTION WITH AN ELEC-
 TRONIC MONITORING TOOL, USE AN AUTOMATED EMPLOYMENT DECISION TOOL:
   (I) IN SUCH A MANNER THAT RESULTS IN A VIOLATION OF LABOR, EMPLOYMENT,
 CIVIL RIGHTS OR HUMAN RIGHTS LAW OR ANY OTHER LAW OF THIS STATE;
   (II) IN A MANNER THAT HARMS OR IS LIKELY TO HARM THE HEALTH OR  SAFETY
 OF  EMPLOYEES, INCLUDING BY SETTING PRODUCTIVITY QUOTAS IN A MANNER THAT
 IS LIKELY TO CAUSE PHYSICAL OR MENTAL ILLNESS OR INJURY;
   (III) TO MAKE PREDICTIONS ABOUT AN EMPLOYEE OR CANDIDATE  FOR  EMPLOY-
 MENT'S  BEHAVIOR,  BELIEFS, INTENTIONS, PERSONALITY, EMOTIONAL STATE, OR
 OTHER CHARACTERISTIC OR BEHAVIOR;
   (IV) TO PREDICT, INTERFERE WITH, RESTRAIN, OR COERCE EMPLOYEES  ENGAG-
 ING IN ACTIVITY PROTECTED UNDER LABOR AND EMPLOYMENT LAW;
   (V)  TO  SUBTRACT FROM AN EMPLOYEE'S WAGES TIME SPENT EXERCISING THEIR
 LEGAL RIGHTS;
   (VI) IN A MANNER NOT CONSISTENT WITH THE SCOPE OF THE  IMPACT  ASSESS-
 MENT REQUIRED BY SUBDIVISION ONE OF THIS SECTION; OR
   (VII)  THAT  INVOLVES FACIAL RECOGNITION, GAIT, OR EMOTION RECOGNITION
 TECHNOLOGIES.
   (B) AN EMPLOYER SHALL NOT RELY PRIMARILY ON OUTPUT FROM  AN  AUTOMATED
 EMPLOYMENT  DECISION  TOOL  WHEN  MAKING HIRING, PROMOTION, TERMINATION,
 DISCIPLINARY, OR COMPENSATION DECISIONS.  FOR AN EMPLOYER TO SATISFY THE
 REQUIREMENTS OF THIS PARAGRAPH:
   (I) AN EMPLOYER MUST ESTABLISH  MEANINGFUL  HUMAN  OVERSIGHT  OF  SUCH
 DECISIONS  BASED  IN WHOLE OR IN PART ON THE OUTPUT OF AUTOMATED EMPLOY-
 MENT DECISION TOOLS.
   (II) A HUMAN DECISION-MAKER MUST ACTUALLY  REVIEW  ANY  OUTPUT  OF  AN
 AUTOMATED  EMPLOYMENT DECISION TOOL AND EXERCISE INDEPENDENT JUDGMENT IN
 MAKING EACH SUCH DECISION;
   (III) THE HUMAN DECISION-MAKER MUST CONSIDER  INFORMATION  OTHER  THAN
 AUTOMATED  EMPLOYMENT  DECISION TOOL OUTPUTS WHEN MAKING EACH SUCH DECI-
 SION, SUCH AS BUT NOT LIMITED TO SUPERVISORY OR MANAGERIAL  EVALUATIONS,
 PERSONNEL FILES, EMPLOYEE WORK PRODUCTS, OR PEER REVIEWS; AND
   (IV)  AN  EMPLOYER  SHALL  CONSIDER  INFORMATION  OTHER THAN AUTOMATED
 EMPLOYMENT DECISION TOOL OUTPUTS WHEN MAKING HIRING,  PROMOTION,  TERMI-
 NATION,  DISCIPLINARY, OR COMPENSATION DECISIONS, SUCH AS SUPERVISORY OR
 MANAGERIAL EVALUATIONS, PERSONNEL FILES, EMPLOYEE WORK PRODUCTS, OR PEER
 REVIEWS.
   (C) AN EMPLOYER MAY NOT, WHERE EMPLOYEES HAVE UNION REPRESENTATION AND
 WHERE NOT PREEMPTED BY FEDERAL LAW, REFUSE TO BARGAIN OVER  THE  USE  OF
 AUTOMATED EMPLOYMENT DECISION TOOLS.
   (D)  AN  EMPLOYER SHALL NOT REQUIRE EMPLOYEES OR CANDIDATES TO CONSENT
 TO THE USE OF AN AUTOMATED EMPLOYMENT  DECISION  TOOL IN  AN  EMPLOYMENT
 DECISION IN ORDER TO BE CONSIDERED FOR AN EMPLOYMENT DECISION, NOR SHALL
 AN  EMPLOYER DISCIPLINE OR  DISADVANTAGE  AN  EMPLOYEE  OR CANDIDATE FOR
 EMPLOYMENT AS A RESULT OF THEIR REQUEST FOR ACCOMMODATION.
   § 1013. DATA ACCESS AND ACCURACY. 1.(A) AN EMPLOYER SHALL ENSURE  THAT
 ANY  DATA  COLLECTED  THROUGH ELECTRONIC MONITORING THAT MAY BE USED FOR
 THE PURPOSES OF AN EMPLOYMENT DECISION IS ACCURATE AND, WHERE  RELEVANT,
 KEPT UP TO DATE.
 S. 10290                           11
 
   (B)  A  CURRENT  OR  FORMER EMPLOYEE WHOSE DATA WAS COLLECTED BY THEIR
 EMPLOYER THROUGH ELECTRONIC MONITORING HAS THE RIGHT TO REQUEST  A  COPY
 OF  THE  EMPLOYEE'S OWN DATA, AND A COPY OF THE AGGREGATED EMPLOYEE DATA
 FOR SIMILAR EMPLOYEES AT THE SAME ESTABLISHMENT FOR  THE    SAME    TIME
 PERIOD,  IF  THAT DATA MAY BE OR WAS USED FOR THE PURPOSES OF AN EMPLOY-
 MENT DECISION. A FORMER EMPLOYEE IS LIMITED  TO  ONE  REQUEST  PER  YEAR
 PURSUANT TO THIS SUBDIVISION.
   (C)  AN  EMPLOYER THAT RECEIVES A WRITTEN OR ORAL REQUEST FOR INFORMA-
 TION  PURSUANT  TO  THIS  SECTION  SHALL  COMPLY  WITH   THE REQUEST  AS
 SOON AS PRACTICABLE, BUT NO LATER THAN SEVEN CALENDAR DAYS FROM THE DATE
 OF  THE  REQUEST.  AN  EMPLOYER SHALL NOT TAKE ADVERSE ACTION AGAINST AN
 EMPLOYEE BASED ON THEIR REQUEST FOR THEIR  OWN  OR  AGGREGATED  EMPLOYEE
 DATA,  NOR  SHALL  AN  EMPLOYER  PROVIDE  THOSE RECORDS AT A COST TO THE
 CURRENT OR FORMER EMPLOYEE. AN EMPLOYER SHALL PROVIDE INFORMATION PURSU-
 ANT TO THIS SECTION IN ENGLISH OR, IF APPLICABLE IN THE LANGUAGE IDENTI-
 FIED BY THE EMPLOYEE AS THE PRIMARY LANGUAGE OF SUCH EMPLOYEE.
   (D) AN EMPLOYER THAT DOES NOT MONITOR THIS DATA HAS NO  OBLIGATION  TO
 PROVIDE IT.
   2. (A) AN EMPLOYER THAT USES ELECTRONIC MONITORING TO COLLECT EMPLOYEE
 DATA TO ASSIST IN AN EMPLOYMENT DECISION MUST PROVIDE EMPLOYEES WITH THE
 OPPORTUNITY  TO  REVIEW  AND REQUEST CORRECTION OF SUCH DATA BOTH AT THE
 TIME OF ITS COLLECTION AND AFTER.
   (B) AN EMPLOYER THAT RECEIVES AN EMPLOYEE REQUEST TO  CORRECT  INACCU-
 RATE  DATA COLLECTED THROUGH ELECTRONIC MONITORING SHALL INVESTIGATE AND
 DETERMINE WHETHER SUCH DATA IS INACCURATE.
   (C) IF AN EMPLOYER, UPON INVESTIGATION, DETERMINES THAT SUCH  DATA  IS
 INACCURATE, THE EMPLOYER SHALL:
   (I)  PROMPTLY  CORRECT  THE INACCURATE DATA AND INFORM THE EMPLOYEE OF
 THE EMPLOYER'S DECISION AND ACTION;
   (II) REVIEW AND ADJUST, AS APPROPRIATE, ANY EMPLOYMENT DECISIONS  THAT
 WERE BASED ON THE INACCURATE DATA AND INFORM THE EMPLOYEE OF THE ADJUST-
 MENT; AND
   (III)  INFORM  ANY  THIRD  PARTIES  WITH WHICH THE EMPLOYER SHARED THE
 INACCURATE DATA, OR FROM WHICH  THE  EMPLOYER  RECEIVED  THE  INACCURATE
 DATA,  AND  DIRECT  THEM  TO CORRECT IT, AND PROVIDE THE EMPLOYEE WITH A
 COPY OF SUCH ACTION.
   (D) IF AN EMPLOYER, UPON INVESTIGATION, DETERMINES THAT  THE  DATA  IS
 ACCURATE,  THE EMPLOYER SHALL INFORM THE EMPLOYEE OF THE DECISION NOT TO
 AMEND THE DATA, THE STEPS TAKEN TO VERIFY THE ACCURACY OF THE DATA,  AND
 ANY EVIDENCE SUPPORTING THE DECISION NOT TO AMEND THE DATA.
   3. (A) AN EMPLOYER THAT USES DATA COLLECTED VIA AN ELECTRONIC MONITOR-
 ING  TOOL  OR OUTPUTS FROM AN AUTOMATED EMPLOYMENT DECISION TOOL TO MAKE
 AN EMPLOYMENT DECISION SHALL PROVIDE EMPLOYEES AFFECTED BY  SUCH  ACTION
 WRITTEN  NOTICE  OF  THE DECISION AT LEAST FOURTEEN CALENDAR DAYS BEFORE
 SUCH ACTION SHALL TAKE EFFECT. SUCH NOTICE OF ADVERSE EMPLOYMENT  ACTION
 SHALL CONTAIN:
   (I) ANY PERFORMANCE STANDARDS USED TO MAKE THE EMPLOYMENT DECISION;
   (II)  ANY OF THE EMPLOYEE'S DATA COLLECTED THROUGH ELECTRONIC MONITOR-
 ING THAT WAS USED TO MAKE THE EMPLOYMENT DECISION;
   (III) ANY AGGREGATED EMPLOYEE DATA OF EMPLOYEES PERFORMING THE SAME OR
 SIMILAR FUNCTIONS AT THE SAME ESTABLISHMENTS FOR NINETY  DAYS  PRIOR  TO
 THE EMPLOYMENT DECISION;
   (IV)  ANY  OUTPUTS FROM AN AUTOMATED EMPLOYMENT DECISION TOOL THAT WAS
 USED TO MAKE THE EMPLOYMENT DECISION;
 S. 10290                           12
 
   (V) A COPY OF THE MOST  RECENT  IMPACT  ASSESSMENT  OF  ANY  AUTOMATED
 EMPLOYMENT  DECISION TOOL THAT WAS USED TO MAKE THE EMPLOYMENT DECISION;
 AND
   (VI)  WHAT  OTHER  INFORMATION,  STANDARDS,  OR  DATA, OTHER THAN DATA
 COLLECTED VIA ELECTRONIC MONITORING OR  OUTPUTS  PRODUCED  BY  AUTOMATED
 EMPLOYMENT  DECISION TOOLS, WAS USED BY THE EMPLOYER TO MAKE THE EMPLOY-
 MENT DECISION.
   (B) AN EMPLOYEE SUBJECT  TO  AN  EMPLOYMENT  DECISION  BASED  ON  DATA
 COLLECTED VIA AN ELECTRONIC MONITORING TOOL OR OUTPUTS FROM AN AUTOMATED
 EMPLOYMENT  DECISION TOOL WHO BELIEVES THE EMPLOYMENT DECISION TO BE THE
 RESULT OF INACCURATE DATA OR AN INACCURATE OR  ERRONEOUS  OUTPUT  BY  AN
 AUTOMATED  EMPLOYMENT  DECISION  TOOL  MAY REQUEST A REEVALUATION OF THE
 DECISION BY THE EMPLOYER. SUCH REQUEST SHALL BE IN WRITING, INCLUDING BY
 TEXT MESSAGE OR ELECTRONIC MAIL, AND SHALL INCLUDE AT A MINIMUM:
   (I) THE EMPLOYEE'S NAME;
   (II) THE DATA OR OUTPUT THE EMPLOYEE ALLEGES IS INACCURATE OR  ERRONE-
 OUS; AND
   (III)  ANY EVIDENCE THE EMPLOYEE HAS THAT SUCH DATA OR OUTPUT IS INAC-
 CURATE OR ERRONEOUS.
   (C) AN EMPLOYER THAT RECEIVES A REQUEST FOR REEVALUATION OF AN EMPLOY-
 MENT DECISION PURSUANT   TO   THIS   SECTION   SHALL    INVESTIGATE  THE
 EMPLOYEE'S  CLAIM  OF INACCURATE OR ERRONEOUS INFORMATION AND RESPOND TO
 THE EMPLOYEE AS SOON AS PRACTICABLE, BUT NO LATER  THAN  SEVEN  CALENDAR
 DAYS  FROM  THE DATE OF THE REQUEST. IF AN EMPLOYER, UPON INVESTIGATION,
 CONCLUDES THAT NO INACCURATE DATA OR ERRONEOUS OUTPUT WAS USED  TO  MAKE
 THE  EMPLOYMENT DECISION, IT SHALL PROVIDE THE EMPLOYEE WITH EVIDENCE OF
 SUCH  ACCURACY  AND  VALIDITY.  IF  AN  EMPLOYER,  UPON   INVESTIGATION,
 CONCLUDES  THAT INACCURATE DATA OR AN ERRONEOUS OUTPUT DID CONTRIBUTE TO
 THE EMPLOYMENT DECISION, THE EMPLOYER SHALL INFORM THE EMPLOYEE IN WRIT-
 ING OF SUCH ERROR OR  INACCURACY  AND  TAKE  ACTION  TO  REEVALUATE  THE
 EMPLOYEE  WITH CORRECTED DATA OR WITHOUT THE USE OF AN AUTOMATED EMPLOY-
 MENT DECISION TOOL.
   § 1014.  RETALIATION PROHIBITED. 1. IT SHALL BE UNLAWFUL FOR A  PERSON
 TO  TAKE  ANY  RETALIATORY  ACTION,  AS DEFINED IN SECTION SEVEN HUNDRED
 FORTY OF THIS CHAPTER, AGAINST ANY EMPLOYEE OR CANDIDATE BECAUSE:
   (A) SUCH EMPLOYEE OR CANDIDATE OPPOSES OR DISCLOSES, OR  THREATENS  TO
 DISCLOSE  TO  A  SUPERVISOR, HIRING MANAGER, OR PUBLIC BODY AN ACTIVITY,
 POLICY OR PRACTICE OF THE EMPLOYER OR VENDOR THAT THE EMPLOYEE OR CANDI-
 DATE REASONABLY BELIEVES IS IN VIOLATION OF THIS ARTICLE, OR ANY RULE OR
 REGULATION ISSUED PURSUANT TO THIS ARTICLE;
   (B) SUCH EMPLOYEE OR CANDIDATE PROVIDES INFORMATION TO,  OR  TESTIFIES
 BEFORE,  ANY PUBLIC BODY CONDUCTING AN INVESTIGATION, HEARING OR INQUIRY
 INTO ANY SUCH ACTIVITY, POLICY OR PRACTICE BY SUCH EMPLOYER  OR  VENDOR,
 OR OTHERWISE PARTICIPATES IN SUCH INVESTIGATION, HEARING, OR INQUIRY;
   (C)  SUCH  EMPLOYEE OR CANDIDATE OBJECTS TO, OR REFUSES TO PARTICIPATE
 IN ANY SUCH ACTIVITY, POLICY OR PRACTICE;
   (D) SUCH EMPLOYEE OR CANDIDATE EXERCISES THEIR RIGHTS PROTECTED  UNDER
 THIS SECTION OR INFORMS OTHERS OF SUCH RIGHTS; OR
   (E) SUCH PERSON BELIEVES THAT THE EMPLOYEE OR CANDIDATE ENGAGED IN ANY
 OF  THE  ACTIVITIES DESCRIBED IN PARAGRAPHS (A), (B), (C) OR (D) OF THIS
 SUBDIVISION.
   2. A CANDIDATE OR EMPLOYEE NEED NOT MAKE  EXPLICIT  REFERENCE  TO  ANY
 SECTION OR PROVISION OF THIS ARTICLE OR OF ANY PROVISION OF THIS CHAPTER
 OR HUMAN RIGHTS LAW TO TRIGGER THE PROTECTIONS OF THIS SECTION.
   3. AN EMPLOYER OR OTHER PERSON VIOLATES THIS SECTION WHERE THE EMPLOY-
 EE'S  PROTECTED  ACTIVITY  IS  FOUND TO BE A CONTRIBUTING FACTOR FOR THE
 S. 10290                           13
 
 ADVERSE ACTION. WHERE THE COMMISSIONER OR A COURT FINDS AN  EMPLOYER  OR
 OTHER  PERSON  HAS VIOLATED THIS SECTION, IT MAY ORDER THE RELIEF SPECI-
 FIED IN SECTION TWO HUNDRED FIFTEEN OF THIS CHAPTER.
   §  1015.  CIVIL  LIABILITY.  1.  IF  AN EMPLOYER FAILS TO RESPOND TO A
 CURRENT OR FORMER EMPLOYEE OR CANDIDATE'S REQUEST FOR REEVALUATION OF AN
 EMPLOYMENT DECISION PURSUANT TO SECTION ONE THOUSAND  THIRTEEN  OF  THIS
 ARTICLE,  OR  IF  A CURRENT OR FORMER EMPLOYEE OR CANDIDATE CONTINUES TO
 HAVE REASON TO BELIEVE THEY WERE HARMED BY THE UNLAWFUL USE OF AN  INAC-
 CURATE  OR  BIASED AUTOMATED EMPLOYMENT DECISION TOOL OR OTHER VIOLATION
 OF THIS ARTICLE, THE EMPLOYEE OR CANDIDATE MAY INITIATE AN ACTION  IN  A
 COURT  OF COMPETENT JURISDICTION TO ENFORCE THE PROVISIONS OF THIS ARTI-
 CLE. AN EMPLOYER THAT VIOLATES THIS ARTICLE SHALL BE LIABLE  FOR  LIQUI-
 DATED  DAMAGES  IN THE AMOUNT OF FIVE HUNDRED DOLLARS FOR EACH VIOLATION
 OR, WHERE AN EMPLOYEE OR CANDIDATE HAS  SUFFERED  ACTUAL  DAMAGES  AS  A
 RESULT  OF SUCH VIOLATION SUCH AS REDUCED PAY, WORSE WORKING CONDITIONS,
 DENIAL OF ADVANCEMENT OR ACCESS TO BETTER  PAY  OR  WORKING  CONDITIONS,
 DISCIPLINE,  OR  TERMINATION,  THEN  THE  EMPLOYER SHALL BE LIABLE TO AN
 AFFECTED EMPLOYEE OR CANDIDATE FOR THE GREATER OF LIQUIDATED DAMAGES  OR
 TWO  TIMES  THE  EMPLOYEE  OR  CANDIDATE'S  ACTUAL  DAMAGES, WHICH SHALL
 INCLUDE BACK PAY, FRONT PAY, AND  LOST  BENEFITS,  AND  MAY  BE  AWARDED
 INJUNCTIVE,  DECLARATORY,  AND  THE  EMPLOYEE MAY BE AWARDED DAMAGES FOR
 EMOTIONAL DISTRESS AND ANY OTHER REASONABLE OR  APPROPRIATE  RELIEF.  AN
 EMPLOYER  SHALL ALSO BE LIABLE FOR REASONABLE ATTORNEYS' FEES AND COSTS,
 EXCEPT SUCH LIQUIDATED DAMAGES MAY BE UP TO THE GREATER OF ONE  THOUSAND
 DOLLARS  FOR  EACH VIOLATION OR THREE TIMES ACTUAL DAMAGES IF FOUND THAT
 THE ACTIONS WERE WILLFUL, OR IN THE CASE OF VIOLATIONS  OF  SECTION  ONE
 THOUSAND  FOURTEEN  OF  THIS  ARTICLE,  SUCH  RELIEF  AS IS SPECIFIED IN
 SECTION TWO HUNDRED FIFTEEN OF THIS CHAPTER.
   2. IN ANY CIVIL ACTION CLAIMING THAT AN  EMPLOYER  HAS  VIOLATED  THIS
 ARTICLE  IN  ITS  USE  OF  ELECTRONIC MONITORING OR AUTOMATED EMPLOYMENT
 DECISION TOOLS, ANY PERSON, EMPLOYER, VENDOR, OR OTHER  BUSINESS  ENTITY
 THAT USED, SOLD, DISTRIBUTED, OR DEVELOPED THE TOOL SHALL BE JOINTLY AND
 SEVERALLY  LIABLE  TO  A PREVAILING PLAINTIFF FOR ALL DAMAGES AWARDED TO
 THAT PREVAILING PLAINTIFF, EXCEPT THAT WHERE A PERSON, EMPLOYER, VENDOR,
 OR OTHER BUSINESS ENTITY KNOWINGLY SELLS,  PROVIDES,  OR  DISTRIBUTES  A
 TOOL  TO  AN EMPLOYER WITH FEWER THAN FIFTEEN EMPLOYEES, THE VENDOR, NOT
 THE SMALL EMPLOYER, SHALL BE LIABLE FOR ANY UNLAWFUL ACTS.
   § 1016. VIOLATIONS. 1. (A) EACH DAY ON WHICH AN ELECTRONIC  MONITORING
 TOOL  OR AUTOMATED EMPLOYMENT DECISION TOOL IS USED IN VIOLATION OF THIS
 ARTICLE SHALL GIVE RISE TO A SEPARATE VIOLATION OF THIS ARTICLE.
   (B) FAILURE TO PROVIDE ANY NOTICE TO A CANDIDATE  OR  AN  EMPLOYEE  IN
 VIOLATION  OF SECTION ONE THOUSAND ELEVEN OR ONE THOUSAND TWELVE OF THIS
 ARTICLE SHALL CONSTITUTE A SEPARATE VIOLATION.
   (C) ANY PERSON WHO VIOLATES ANY PROVISION OF THIS ARTICLE OR ANY  RULE
 PROMULGATED  PURSUANT  TO THIS ARTICLE MAY BE LIABLE FOR A CIVIL PENALTY
 IN THE AMOUNTS PROVIDED  UNDER  PARAGRAPH  (B)  OF  SUBDIVISION  ONE  OF
 SECTION  TWO  HUNDRED  FIFTEEN  OF  THIS  CHAPTER  IN  ORDER  TO  PUNISH
 VIOLATIONS AND DETER FUTURE VIOLATIONS.
   2. THE ATTORNEY GENERAL MAY INITIATE IN A COURT OF COMPETENT JURISDIC-
 TION ACTION THAT MAY BE APPROPRIATE OR NECESSARY FOR CORRECTION  OF  ANY
 VIOLATION  OF  THIS  ARTICLE,  INCLUDING  MANDATING  COMPLIANCE WITH THE
 PROVISIONS OF THIS ARTICLE, SECURING  ANY  OF  THE  REMEDIES  AUTHORIZED
 UNDER  THIS  ARTICLE INCLUDING RECOVERING DAMAGES AND LIQUIDATED DAMAGES
 AS SPECIFIED IN SECTION ONE THOUSAND FOURTEEN OF THIS ARTICLE AND SECUR-
 ING INJUNCTIVE, DECLARATORY, OR SUCH OTHER RELIEF AS MAY BE APPROPRIATE,
 AND ORDERING PAYMENT OF CIVIL PENALTIES.
 S. 10290                           14
 
   3. THE PROVISIONS OF THIS ARTICLE SHALL NOT BE CONSTRUED AS  TO  LIMIT
 THE  AUTHORITY OF THE DIVISION OF HUMAN RIGHTS TO ENFORCE THE PROVISIONS
 OF ARTICLE FIFTEEN OF THE EXECUTIVE LAW, OR AS TO  PREEMPT  ANY  MUNICI-
 PALITY  FROM  ADOPTING  A  LOCAL  LAW,  RULE, OR REGULATION ESTABLISHING
 REQUIREMENTS,  STANDARDS,  OR  ENFORCEMENT MEASURES IN ADDITION TO THOSE
 ESTABLISHED UNDER THIS ARTICLE.
   § 1017. POWERS OF THE COMMISSIONER. 1. THE COMMISSIONER SHALL:
   (A) PROMULGATE RULES SPECIFYING  THE  DATA  RETENTION,  SECURITY,  AND
 PRIVACY  REQUIREMENTS  FOR  ALL DATA COLLECTED DURING THE COURSE OF, AND
 ALL RESULTS OR OUTPUTS OF, THE IMPACT ASSESSMENTS REQUIRED BY THIS ARTI-
 CLE;
   (B) DEVELOP AND PUBLISH MODEL EMPLOYER NOTICES FOR THE  USE  OF  ELEC-
 TRONIC MONITORING AND AUTOMATED EMPLOYMENT DECISION TOOLS THAT EMPLOYERS
 MAY  UTILIZE  IN THEIR ADOPTION OF THE NOTICES REQUIRED BY THIS ARTICLE;
 AND
   (C) PROMULGATE SUCH OTHER RULES AND REGULATIONS AS MAY BE NECESSARY TO
 CARRY OUT THIS ARTICLE.
   2. THE COMMISSIONER SHALL  ESTABLISH  AN  ADMINISTRATIVE  PROCESS  FOR
 RECEIVING  AND INVESTIGATING COMPLAINTS FROM EMPLOYEES AND CANDIDATES OR
 THEIR REPRESENTATIVES. THE COMMISSIONER SHALL HAVE THE  SAME  POWERS  OF
 INVESTIGATION AS UNDER ARTICLE NINETEEN OF THIS CHAPTER. IF AFTER INVES-
 TIGATION  THE COMMISSIONER FINDS THAT AN EMPLOYER OR PERSON HAS VIOLATED
 ANY PROVISION OF THIS SECTION, THE COMMISSIONER MAY  EXERCISE  THE  SAME
 ENFORCEMENT  POWERS  PROVIDED  UNDER PARAGRAPH (B) OF SUBDIVISION ONE OF
 SECTION TWO HUNDRED FIFTEEN OF THIS CHAPTER AND  MAY  ORDER  ANY  RELIEF
 THAT  MAY BE APPROPRIATE OR NECESSARY FOR CORRECTION OF ANY VIOLATION OF
 THIS ARTICLE, INCLUDING MANDATING COMPLIANCE WITH THE PROVISIONS OF THIS
 ARTICLE, SECURING ANY OF THE  REMEDIES  AUTHORIZED  UNDER  THIS  ARTICLE
 INCLUDING  RECOVERING  DAMAGES  AND  LIQUIDATED  DAMAGES AS SPECIFIED IN
 SECTION ONE THOUSAND FOURTEEN OF THIS ARTICLE AND  SECURING  INJUNCTIVE,
 DECLARATORY, OR OTHER RELIEF AS MAY BE APPROPRIATE, AND ORDERING PAYMENT
 OF CIVIL PENALTIES OR REASONABLE ATTORNEYS' FEES AND COSTS.
   3.  THE  COMMISSIONER  SHALL ESTABLISH A MEANS OF COLLECTING, STORING,
 AND MAKING PUBLICLY AVAILABLE ANY IMPACT  ASSESSMENTS  OR  SUMMARIES  OF
 IMPACT  ASSESSMENTS  SUBMITTED BY EMPLOYERS OR VENDORS IN THE STATE. THE
 COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS BY WHICH  EMPLOYERS,
 VENDORS,  OR  EMPLOYEES MAY REQUEST THE REDACTION OF CERTAIN INFORMATION
 FROM SAID IMPACT ASSESSMENTS OR SUMMARIES THEREOF, IF  THAT  INFORMATION
 IS PROPRIETARY, SENSITIVE, OR POSES A THREAT TO THE PRIVACY OF EMPLOYEES
 OR CANDIDATES.
   §  2. Section 52-c of the civil rights law, as added by chapter 583 of
 the laws of 2021, is renumbered section 52-e  and  amended  to  read  as
 follows:
   §  52-e.  Employers  engaged  in  electronic  monitoring; prior notice
 required. 1. For purposes of this section, employer means  any  individ-
 ual,  corporation,  partnership,  firm,  or  association with a place of
 business in the state. It shall not include the state or  any  political
 subdivision of the state.
   2.  (a)  Any  employer  who monitors or otherwise intercepts telephone
 conversations or transmissions, electronic  mail  or  transmissions,  or
 internet  access  or usage of or by an employee by any electronic device
 or system, including but not limited to the use  of  a  computer,  tele-
 phone, wire, radio, or electromagnetic, photoelectronic or photo-optical
 systems,  shall  give  prior written notice upon hiring to all employees
 who are subject to electronic monitoring. The notice  required  by  this
 subdivision  shall be in writing, in an electronic record, or in another
 S. 10290                           15
 
 electronic form and acknowledged by the employee either  in  writing  or
 electronically.  Each  employer shall also post the notice of electronic
 monitoring in a conspicuous place which is readily available for viewing
 by  its employees who are subject to electronic monitoring. SUCH WRITTEN
 NOTICE SHALL COMPLY WITH THE REQUIREMENTS OF  ARTICLE  THIRTY-FIVE-A  OF
 THE LABOR LAW.
   (b)  For  purposes of written notice required by paragraph (a) of this
 subdivision, an employee shall be advised that  any  and  all  telephone
 conversations  or  transmissions,  electronic  mail or transmissions, or
 internet access or usage by an employee  by  any  electronic  device  or
 system,  including  but not limited to the use of a computer, telephone,
 wire, radio or electromagnetic, photoelectronic or photo-optical systems
 may be subject to monitoring at any and all  times  and  by  any  lawful
 means.
   3.  The  attorney  general may enforce the provisions of this section.
 Any employer found to be in violation of this section shall  be  subject
 to  a  maximum  civil  penalty  of  five  hundred  dollars for the first
 offense, one thousand dollars for the second offense and three  thousand
 dollars for the third and each subsequent offense.
   4.  The  provisions  of this section shall not apply to processes that
 are designed to manage the type or volume of incoming or outgoing  elec-
 tronic  mail  or  telephone  voice  mail or internet usage, that are not
 targeted to monitor or intercept the electronic mail or telephone  voice
 mail  or  internet  usage  of  a  particular  individual,  and  that are
 performed solely for the purpose of computer system  maintenance  and/or
 protection.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.