New York City Regulates Workplace Artificial Intelligence Recruitment and Selection Tools

Joining Illinois and Maryland, on November 10, 2021, the New York City Council approved a measure, Int. The Bill, which is awaiting Mayor DeBlasio's signature, is to take effect on January 1, 2023. Should the Mayor not sign the Bill within thirty days of the Council's approval (i.e., by December 10), absent veto, it will become law. The Bill defines "automated employment decision tool" as "any computational process, derived from machine learning, statistical modeling, data analytics, or artificial intelligence," which scores, classifies, or otherwise makes a recommendation, that is used to substantially assist or replace the decision-making process from that of an individual. The Bill exempts automated tools that do not materially impact individuals, such as a junk email filter, firewall, calculator, spreadsheet, database, data set, or other compilation of data.