New York City has been leading efforts to regulate automated employment decision tools (AEDTs) used to evaluate applicants for a position or employees for promotion within the City, enacting Local Law 144 in November 2021. Due to come into effect on 1 January 2023, the enforcement date was first postponed to 15 April 2023 and finally 5 July 2023 while the Department of Consumer and Worker Protection workshopped rules clarifying the law, adopting the final version in April 2023. Following suit, New Jersey proposed Assembly Bill 4909 in December 2022, requiring yearly bias audits of AEDTs before they can be made available for sale in the state.

In January 2023, the New York State Assembly demonstrated their own efforts to regulate AEDTs, introducing Assembly Bill A00567 to require annual disparate impact analysis (or bias audits) of AEDTs. In this blog post, we compare New York City Local Law 144 and New York State Assembly Bill A00567, which amends the labour law of New York by adding a new section 203-f.