October 2022

The proposed California Workplace Technology Accountability Act (AB-1651) aims to increase accountability surrounding the use of technology in the workplace and reduce potential harm. The Act restricts the data that can be collected about workers to only proven business activities, gives workers access to their data, and requires data protection and algorithmic impact assessments. The Act defines automated decision systems, outlines worker rights concerning their data, and sets notification requirements for data collection and electronic monitoring. The Act also outlines impact assessment requirements and consultation processes for workers potentially affected by automated decision tools. The Act applies to employers in California using technology to make employment-related decisions about workers or collect data about them, as well as vendors acting on behalf of employers.
September 2022

The New York City Department of Consumer and Worker Protection has proposed amendments to Local Law 144, which mandates independent bias audits of AI-powered tools used for screening, hiring or promoting candidates or employees residing in NYC. The amendments clarify the definition of an independent auditor, which must be a group or person not involved in developing or using an automated tool, and which further outlines the selection rate and impact ratio for different races/ethnicities and sexes that an audit must examine. Employers and employment agencies must publish the summary of results on their website for at least six months after the relevant tool was last used. The law will take effect on 5 July 2023.