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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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 made public; requires notice to employment candidates of the use of such tools; provides remedies; makes a conforming change to the civil rights law.

AI Summary

This bill mandates bias audits for automated employment tools and requires candidate notification of their use.

Business Impact

If you use automated tools for hiring in New York, you must conduct annual bias audits and notify candidates or face penalties.

State
New York
Bill Number
A08328
Status
Introduced
Risk Level
High
Category
Comprehensive
Last Action
Jan 10, 2024
Last Verified
Apr 19, 2026
Data Updated
Apr 19, 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

Employment Government Technology Human Resources

Topics

What This Means

New York's A08328 bill seeks to regulate the use of electronic monitoring and automated decision-making tools in employment. It requires annual bias audits and public disclosure of results, ensuring transparency and fairness in hiring practices. Employers and employment agencies must be aware of these requirements to avoid potential penalties.

Key Provisions

Latest Legislative Action

enacting clause stricken

Bill Sponsors

Name Role District
Sponsor HD-077

Compliance Checklist

Conduct annual bias audits of automated employment tools
Who: Employers and employment agencies
Deadline: Annually, within one year of the last audit
Penalty: Potential legal consequences for non-compliance
Notify candidates of the use of automated decision tools
Who: Employers and employment agencies
Deadline: At the time of application or screening
Penalty: Potential 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

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