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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…
In one paragraph
New York's A 8328 would have added Labor Law § 203-g restricting employer use of electronic monitoring and automated employment decision tools: bias audits before use and annually, ten business days' notice to employees and candidates, human oversight, a ban on facial, gait or emotion recognition, a private right of action and civil penalties. Introduced December 13, 2023 and referred to the Labor Committee; the enacting clause was stricken January 10, 2024, and it died at the end of the 2023-2024 session.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None: the bill died at the end of the 2023-2024 session.
Key provisions
- Labor Law § 203-g(4): unlawful to use an automated employment decision tool unless it has had an independent bias audit (within a year before use, annually after, within six months of enactment for tools already in use), with results sent to the department within sixty days
- Subd. 5: notice to employees and candidates "no less than ten business days before such use"; subd. 6 bars solely relying on tool output and requires meaningful human oversight
- Subd. 2-3: electronic monitoring limited to listed purposes and the least invasive means, with prior written notice; no facial, gait or emotion recognition
- Subd. 7-8: reevaluation requests within thirty days, answered within sixty days; private action for actual damages, fees and liquidated damages of 100% (up to 300% if willful) of actual damages
- Subd. 9: civil penalties up to $500 for a first violation and $500 to $1,500 for later ones
- Would have taken effect on the 180th day after becoming law; enacting clause stricken January 10, 2024
Latest legislative action
Jan 10, 2024. enacting clause stricken
Sponsors (showing 5 of 12)
| Name | Role |
|---|---|
| Eric Brown | Primary |
| Latoya Joyner | Primary |
| PERRY | Primary |
| STERN | Primary |
| WOERNER | Primary |
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error