April Tip of the Month: New York City to Restrict Use of AI in Employment Related Decisions | Perkins Coie

Effective January 1, 2023, employers with New York City staff can be restricted in their use of synthetic intelligence (AI) instruments in recruiting and hiring staff and making different employment-related selections. Specifically, the new regulation will prohibit employers from utilizing AI instruments, reminiscent of resume-screening software program and applications that predict worker job efficiency, as a way of screening candidates or aiding with promotion selections, except the device has been topic to a “bias audit” carried out by an “unbiased auditor” inside the previous yr. Accordingly, AI instruments that employers at present use to help with duties, reminiscent of filtering via a big pool of resumes for sure {qualifications}, could also be prohibited, except the regulation’s audit and reporting processes have been adopted. The regulation will even enable people to request an lodging from being topic to a given AI device, and to request data relating to the knowledge that was collected about them. Employers ought to promptly assess their AI instruments, conduct a preliminary audit to determine potential areas of concern, and start to put together the written notices which are required beneath the regulation.

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