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NY A08328

NY A08328: Restricts the use by an employer or an employment agency of electronic monitoring or an automated employment decision tool to screen a candidate or e… Reviewed

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Primary Source Read A08328 on official legislature website
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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…

AI Summary

This bill mandates bias audits for automated employment tools and requires public disclosure of audit results, along with notifying candidates about the use of such tools.

Business Impact

If you use automated tools for hiring in New York, you must conduct annual bias audits and disclose results or face legal consequences.

State
New York
Bill Number
A08328
Status
Introduced
Risk Level
High
Category
Comprehensive
Last Action
Jan 10, 2024
Last Verified
Apr 21, 2026
Data Updated
Jun 3, 2026
What do these statuses mean? ▼
Introduced — Filed in the legislature; not yet heard in committee
In Committee — Assigned to and being reviewed by a legislative committee
Passed — Approved by one or both chambers; awaiting further action
Signed / Enacted — Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed — Vetoed, failed to pass, or session expired without action
Unknown — Status data not yet available or awaiting classification

Affected Industries

Government Employment Technology Recruitment Human Resources Employment Services

Topics How we classify →

AI in EmploymentCovers AI use in hiring, firing, monitoring, and workplace decisions. Click to see full definition →

What This Means

The proposed legislation in New York aims to regulate the use of electronic monitoring and automated decision-making tools in employment. Employers and employment agencies must ensure these tools undergo bias audits annually, make the results public, and notify candidates about their use. This bill seeks to enhance transparency and accountability in hiring practices, impacting how businesses utilize technology in recruitment.

Key Provisions

Latest Legislative Action

enacting clause stricken

Bill Sponsors (showing 5 of 12)

Name Role
Primary
Primary
Primary
Primary
Primary

Compliance Checklist

Conduct annual bias audits on automated employment decision tools
Who: Employers and employment agencies
Penalty: Legal consequences for non-compliance
Make results of bias audits public
Who: Employers and employment agencies
Penalty: Legal consequences for non-compliance
Notify candidates about the use of electronic monitoring or automated tools
Who: Employers and employment agencies
Penalty: Legal consequences for non-compliance

Related & Companion Bills

New York A09315 — Restricts the use by an employer or an employment agency of… → New York S07623 — Restricts the use by an employer or an employment agency of… → New York A03779 — Restricts the use by an employer or an employment agency of… →

Full Legal Analysis

The bill requires employers and employment agencies to conduct bias audits on any electronic monitoring or automated employment decision tools used for screening candidates or employees. These audits must be performed annually, and the results must be made public to ensure transparency and accountability. Compliance is necessary for all employers and agencies utilizing such tools, with no specific deadline mentioned for initial compliance. The bill does not specify penalties for non-compliance. Additionally, employers must notify candidates about the use of electronic monitoring or automated tools. Key definitions, such as what constitutes an 'automated employment decision tool,' are not specified in the available information. This bill aligns with similar legislative efforts in other states aimed at regulating AI and automated decision-making in employment, reflecting a growing trend towards algorithmic accountability.

Official Source

Official Bill Text
View A08328 on official legislature website →
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Related Topics

AI in Employment

Affected Industries

Government Employment Technology Human Resources

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