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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 an impact assessment within the last year; requires notice to employment…
In one paragraph
New York's S 185-A would add Labor Law Article 37 (sections 1050 to 1057) limiting employer electronic monitoring and automated employment decision tools (AEDTs). Employers could not use an AEDT for an employment decision without an independent impact assessment within the prior year, repeated annually, or without 10 business days' notice; they may not rely primarily on tool output and must stop use if disparate impact is found. Monitoring must be strictly necessary and noticed in advance. It adds an employee private action with liquidated damages. Amended April 17, 2025; it has not passed either chamber.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None yet: the bill is pending. If enacted, employers using monitoring or hiring algorithms in New York would need independent assessments, advance notices and human review, with private suits and AG enforcement.
Key provisions
- Electronic monitoring is allowed only for a listed purpose, if strictly necessary and the least invasive means, with prior written notice; data records kept three years and destroyed within 37 months absent written consent; employees get 14 days' notice before a decision based on monitoring data takes effect
- Prohibited monitoring includes off-duty employees, protected activity, bathrooms and lounges, personal vehicles and homes, and facial, gait, voice or emotion recognition
- AEDTs: no use without an independent impact assessment within one year before use, repeated annually, with results sent to the Department of Labor for a public registry within 60 days; notice at least 10 business days before use
- If disparate impact or accessibility limits are found the employer must stop using the tool until remedied; hiring, promotion, termination, discipline or pay decisions may not rely primarily on tool output
- Employees may request their data and reevaluation of decisions, with responses due within seven calendar days; retaliation is prohibited
- Private action: liquidated damages of $500 per violation (or greater of that or two times actual damages), up to $1,000 or three times actual damages if willful; the Attorney General may sue and the Commissioner of Labor issues rules; vendors face joint and several liability
- Civil Rights Law section 52-c is renumbered 52-e with AG penalties of $500, $1,000 and $3,000; takes effect on the 180th day after it becomes law
Latest legislative action
Apr 17, 2025. print number 185a
Sponsors (showing 5 of 16)
| Name | Role |
|---|---|
| Brad Hoylman-Sigal | Primary |
| KAPLAN | Primary |
| MARCHIONE | Primary |
| Patrick M. Gallivan R | Primary |
| SERRANO | Primary |
Topics and industries
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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