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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 7623-C (2023-2024) would have added Labor Law Article 36, the "Boundaries on Technology Act" (sections 1010 to 1016). Employers with one hundred or more employees could not use an automated employment decision tool unless an impartial party completed an impact assessment no more than one year before use, repeated annually, with results sent to the Department of Labor for a public registry; employers could not rely solely on tool output. Version C dropped the electronic monitoring rules of earlier versions. Amended May 31, 2024, it never passed either chamber and died when the 2023-2024 session ended.
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
- Applies to employers with one hundred or more employees that use an automated employment decision tool; basic software such as spreadsheets and junk email filters is excluded
- Impact assessment by an impartial party with no financial or legal conflicts, no more than one year before use and annually while in use; summaries or assessments go to the Department of Labor for a public registry within sixty days and to affected employees
- If disparate impact is found, the employer must stop using the tool until it takes reasonable steps to remedy it, or submit to the commissioner how the tool is the least discriminatory method
- Notice to employees and candidates before or at the time of the decision, in job postings and on the employer's website; employers may not solely rely on tool output and must keep meaningful human oversight
- Employees may request their data free of charge, with a response within fourteen calendar days; adverse action within ninety days of a request or complaint is presumed retaliatory; vendors must notify employers the tool is covered
- The commissioner may adopt rules and assess civil penalties under Labor Law section 218 of up to $1,000, $2,000 and $3,000 for first, second and later violations; the Attorney General may sue for relief, penalties and damages
- Would have taken effect on the 180th day after becoming law; Assembly same-as A9315; amended to version C May 31, 2024 and died in Labor
Latest legislative action
May 31, 2024. print number 7623c
Sponsors (showing 5 of 8)
| Name | Role |
|---|---|
| Brad Hoylman-Sigal | Primary |
| GAUGHRAN | Primary |
| HOYLMAN | Primary |
| José M. Serrano | Primary |
| LAVALLE | 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