New York City's Local Law 144, which took effect on July 5, 2023, is the first law in the United States to require bias audits for artificial intelligence tools used in employment decisions. It applies to any employer or employment agency that uses an automated employment decision tool (AEDT) to screen candidates for employment in New York City or to evaluate employees who are based in New York City.
What Counts as an AEDT
The law defines an AEDT broadly: any computational process derived from machine learning, statistical modeling, data analytics, or AI that issues simplified output, including a score, classification, or recommendation, that is used to substantially assist or replace discretionary decision-making for employment decisions about candidates or employees. This covers resume screening algorithms, candidate ranking systems, interview video analysis tools, and many assessment platforms.
The Bias Audit Requirement
Covered employers must conduct an independent bias audit of their AEDT within one year before use. The audit must be conducted by an independent auditor and must calculate the selection rate and scoring rate by sex, race, and ethnicity. The audit results — including the selection rate for each category and the scoring rate for scored tools — must be published on the employer's website.
Notice Requirements
Employers must provide at least 10 business days advance notice to candidates who reside in New York City that an AEDT will be used to evaluate them. The notice must explain what the tool does and the characteristics or qualifications it assesses. Candidates must also be provided with an accommodation mechanism if they want a human review instead of AI evaluation.
Penalties and Enforcement
Violations of Local Law 144 are subject to civil penalties ranging from to ,500 per violation, with each day of non-compliance constituting a separate violation. Given that automated hiring tools may process thousands of candidates daily, the potential aggregate liability for non-compliance is significant.
AIClarum HR Compliance Template
AIClarum's HR compliance template provides automated bias audit calculations that satisfy NYC Local Law 144 requirements, pre-formatted audit reports ready for public disclosure, candidate notification workflow management, and continuous fairness monitoring between required annual audits. Our template also covers EEOC guidance on algorithmic selection tools and the emerging requirements under EU AI Act Annex III for employment-related AI systems.
