New York City’s AEDT Part 3: The Final Regulation & Employer Compliance

As detailed in Part 2 of our series, New York City first passed the Automated Employment Decision Tool (AEDT) law in December 2021, making it unlawful for employers to use automated decision tools to screen individuals for employment decisions unless the law’s requirements regarding notice, auditing and reporting are satisfied. Specifically, the law requires conducting and publishing an annual bias audit, providing notice to any applicants or employees subjected to an automated decision tool and collecting and retaining AEDT data.

Following a series of public commentary hearings, updated versions of the AEDT were proposed in September and December 2022. Earlier this month, the Department of Consumer and Worker Protection issued the final AEDT regulation and announced an enforcement date of July 5, 2023.
In this New York Law Journal article authored by Employment & Labor associates Brad Raboin and Avi Gholian, the writers discuss the AEDT in its final form, which provides clear information related to several key issues and pointed guidance for employers in critical areas, including auditing, individual notice requirements and a broader definition of what qualifies as AEDT, among others. 

To read the full article, please visit the New York Law Journal’s website (subscription required).