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NY S09028: Prohibits employers from engaging in discrimination on the basis of a protected class when using artificial intelligence for recruitment, hiring, pro…

In Committee New York · 2025–2026 session

Last verified Oct 23, 2026 · official bill text

S09028 · where it stands

1 of 5 steps complete
  1. Introduced In committee
  2. Passed first chamber
  3. Passed both chambers
  4. Enacted
  5. Effective
What do these statuses mean?
Introduced
Filed in the legislature; may be waiting for a committee hearing.
Passed a chamber
Approved by one or both chambers; awaiting further action.
Enacted
Signed into law, or became law without a signature or over a veto.
Effective date
The date the law says it takes effect. Once it has passed, the page shows "Effective" and the date. A court order can still block a law; if we know of one, the summary says so.
Dead / vetoed
Vetoed, failed, or the session ended without action.
View full title

Prohibits employers from engaging in discrimination on the basis of a protected class when using artificial intelligence for recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or the terms, privileges, or conditions of…

In one paragraph

New York's S 9028 would amend the Executive Law (Human Rights Law) to make it an unlawful discriminatory practice for an employer to use artificial intelligence in recruitment, hiring, promotion, discharge, discipline or other employment terms in a way that has the effect of subjecting employees to discrimination on protected classes, or to use zip codes as a proxy for them, or to fail to notify employees of such AI use. Referred to the Senate Investigations and Government Operations Committee January 23, 2026; it has not passed either house.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

If enacted, New York employers using AI in hiring and other employment decisions could not use it discriminatorily and would have to notify employees; notice rules would come from the Division of Human Rights.

Key provisions

  1. Would add definitions of 'artificial intelligence' and 'generative artificial intelligence' to Executive Law section 292
  2. Employers could not use AI for recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or terms and conditions of employment in a way that has the effect of subjecting employees to discrimination on protected classes (such as age, race, sex, disability or immigration status), or use zip codes as a proxy for those classes
  3. Employers would have to notify employees that they use AI for these purposes
  4. The Division of Human Rights would adopt rules on when, how and in what time period notice must be given
  5. Would take effect 180 days after becoming law

Latest legislative action

Jan 23, 2026. REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Sponsors

NameRoleDistrict
R Sponsor SD-008

Topics and industries

Related topics

AI in EmploymentAutomated Decision-Making

Affected industries

EmploymentTechnology

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

Related AI laws in New York

All New York bills →
S08831 Provides for the use of automated employment decision-making tools and artificia S07599 Regulates automated decision-making by government agencies; requires agencies to S00822 Relates to the disclosure of automated employment decision-making tools; require S07543 Enacts the legislative oversight of automated decision-making in government act LOCALLAW144 Automated Employment Decision Tools (AEDT) Law A09654 Enacts the New York Artificial Intelligence Civil Rights Act establishing protec

Same topic in other states

California SB 947 Employment: automated decision systems. Colorado SB189 Automated Decision-Making Technology Illinois SB 2909 SCH CD-TEACHER EVALUATION-AI Rhode Island HB7767 AN ACT RELATING TO LABOR AND LABOR RELATIONS -- ARTIFICIAL INTELLIGENCE USE AND Virginia HB1451 Warehouse employers; required disclosures and recordkeeping, civil penalties. Pennsylvania HB594 Further providing for definitions; providing for use of automated employment dec