Assembly Bill A9315A

2023-2024 Legislative Session

Relates to restricting the use of electronic monitoring and automated employment decision tools

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Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2023-A9315 - Details

Current Committee:
Assembly Ways And Means
Law Section:
Labor Law
Laws Affected:
Add Art 36 §§1010 - 1017, Lab L; ren §52-c to be §52-e, amd §52-e, Civ Rts L Rts L

2023-A9315 - Summary

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 an impact assessment within the last year; requires notice to employment candidates of the use of such tools; provides remedies for violations.

2023-A9315 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9315
 
                           I N  A S S E M B L Y
 
                             February 28, 2024
                                ___________
 
 Introduced  by M. of A. ALVAREZ -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law, in relation to  restricting  the  use  of
   electronic  monitoring and automated employment decision tools; and to
   amend the civil rights law, in relation to making a conforming change
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The labor law is amended by adding a new section 203-g to
 read as follows:
   § 203-G. ELECTRONIC  MONITORING  AND  AUTOMATED  EMPLOYMENT   DECISION
 TOOLS. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS HAVE THE
 FOLLOWING MEANINGS:
   (A) "AUTOMATED EMPLOYMENT DECISION TOOL" MEANS ANY COMPUTATIONAL PROC-
 ESS,  AUTOMATED SYSTEM, OR ALGORITHM UTILIZING MACHINE LEARNING, STATIS-
 TICAL MODELING, DATA  ANALYTICS,  ARTIFICIAL  INTELLIGENCE,  OR  SIMILAR
 METHODS  THAT ISSUES A SIMPLIFIED OUTPUT, INCLUDING A SCORE, CLASSIFICA-
 TION, RANKING, OR RECOMMENDATION, THAT IS  USED  TO  ASSIST  OR  REPLACE
 DECISION  MAKING  FOR  EMPLOYMENT DECISIONS THAT IMPACT NATURAL PERSONS.
 "AUTOMATED EMPLOYMENT DECISION TOOL" DOES NOT INCLUDE A TOOL  THAT  DOES
 NOT  ASSIST  OR  REPLACE EMPLOYMENT DECISION PROCESSES AND THAT DOES NOT
 MATERIALLY IMPACT NATURAL PERSONS, INCLUDING, BUT NOT LIMITED TO, A JUNK
 EMAIL FILTER, FIREWALL,  ANTIVIRUS  SOFTWARE,  CALCULATOR,  SPREADSHEET,
 DATABASE, DATA SET, OR OTHER COMPILATION OF DATA.
   (B) "BIAS AUDIT" MEANS AN IMPARTIAL EVALUATION BY AN INDEPENDENT AUDI-
 TOR,  WHICH  SHALL  INCLUDE,  AT  A MINIMUM, THE TESTING OF AN AUTOMATED
 EMPLOYMENT DECISION TOOL  TO  ASSESS  THE  TOOL'S  DISPARATE  IMPACT  ON
 EMPLOYEES  BECAUSE OF THEIR AGE, RACE, CREED, COLOR, ETHNICITY, NATIONAL
 ORIGIN, DISABILITY, CITIZENSHIP OR IMMIGRATION STATUS, MARITAL OR  FAMI-
 LIAL  STATUS, MILITARY STATUS, RELIGION, OR SEX, INCLUDING SEXUAL ORIEN-
 TATION,  GENDER  IDENTITY,  GENDER  EXPRESSION,   PREGNANCY,   PREGNANCY
 OUTCOMES, AND REPRODUCTIVE HEALTHCARE CHOICES.
   (C) "CANDIDATE" MEANS ANY NATURAL PERSON OR THEIR AUTHORIZED REPRESEN-
 TATIVE  SEEKING EMPLOYMENT THROUGH AN APPLICATION, OR WHO IS SCREENED OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11940-08-4
              

2023-A9315A - Details

Current Committee:
Assembly Ways And Means
Law Section:
Labor Law
Laws Affected:
Add Art 36 §§1010 - 1017, Lab L; ren §52-c to be §52-e, amd §52-e, Civ Rts L Rts L

2023-A9315A - Summary

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 an impact assessment within the last year; requires notice to employment candidates of the use of such tools; provides remedies for violations.

2023-A9315A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9315--A
 
                           I N  A S S E M B L Y
 
                             February 28, 2024
                                ___________
 
 Introduced  by M. of A. ALVAREZ -- read once and referred to the Commit-
   tee on Labor -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee
 
 AN  ACT  to  amend  the labor law, in relation to restricting the use of
   electronic monitoring and automated employment decision tools; and  to
   amend the civil rights law, in relation to making a conforming change

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new article 36 to read
 as follows:
                                ARTICLE 36
                  BOSSWARE AND OPPRESSIVE TECHNOLOGY ACT
 SECTION 1010. DEFINITIONS.
         1011. ELECTRONIC MONITORING TOOLS.
         1012. AUTOMATED EMPLOYMENT DECISION TOOLS.
         1013. DATA ACCESS AND ACCURACY.
         1014. RETALIATION PROHIBITED.
         1015. CIVIL LIABILITY.
         1016. VIOLATIONS.
         1017. POWERS OF THE COMMISSIONER.
   § 1010. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION,  THE  FOLLOWING
 TERMS HAVE THE FOLLOWING MEANINGS:
   1. "AGGREGATED EMPLOYEE DATA" MEANS EMPLOYEE DATA THAT AN EMPLOYER HAS
 COMBINED,  OR COLLECTED TOGETHER, IN A SUMMARY OR OTHER FORM SO THAT THE
 EMPLOYEE DATA CANNOT BE IDENTIFIED WITH ANY SPECIFIC EMPLOYEE.
   2. "AUTOMATED EMPLOYMENT DECISION TOOL" MEANS ANY COMPUTATIONAL  PROC-
 ESS,  AUTOMATED SYSTEM, OR ALGORITHM UTILIZING MACHINE LEARNING, STATIS-
 TICAL MODELING, DATA  ANALYTICS,  ARTIFICIAL  INTELLIGENCE,  OR  SIMILAR
 METHODS  THAT ISSUES AN OUTPUT, INCLUDING A SCORE, CLASSIFICATION, RANK-
 ING, OR RECOMMENDATION, THAT IS USED TO ASSIST OR REPLACE HUMAN DECISION
 MAKING ON EMPLOYMENT DECISIONS THAT IMPACT NATURAL  PERSONS.  "AUTOMATED
 EMPLOYMENT  DECISION  TOOL" DOES NOT INCLUDE A TOOL THAT DOES NOT ASSIST
 OR REPLACE EMPLOYMENT DECISION PROCESSES AND THAT  DOES  NOT  MATERIALLY
 IMPACT  NATURAL  PERSONS,  INCLUDING,  BUT  NOT LIMITED TO, A JUNK EMAIL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2023-A9315B (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Law Section:
Labor Law
Laws Affected:
Add Art 36 §§1010 - 1017, Lab L; ren §52-c to be §52-e, amd §52-e, Civ Rts L Rts L

2023-A9315B (ACTIVE) - Summary

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 an impact assessment within the last year; requires notice to employment candidates of the use of such tools; provides remedies for violations.

2023-A9315B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9315--B
 
                           I N  A S S E M B L Y
 
                             February 28, 2024
                                ___________
 
 Introduced  by M. of A. ALVAREZ -- read once and referred to the Commit-
   tee on Labor -- committee discharged, bill amended, ordered  reprinted
   as  amended and recommitted to said committee -- reported and referred
   to the Committee on Codes -- reported and referred to the Committee on
   Ways  and  Means  --  committee  discharged,  bill  amended,   ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the labor law, in relation to restricting the use of
   electronic monitoring and automated employment decision tools
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new article 36 to read
 as follows:
                                ARTICLE 36
                       BOUNDARIES ON TECHNOLOGY ACT
 SECTION 1010. DEFINITIONS.
         1011. AUTOMATED EMPLOYMENT DECISION TOOLS; IMPACT ASSESSMENTS.
         1012. AUTOMATED    EMPLOYMENT   DECISION   TOOLS;   NOTICE   AND
                 RESTRICTIONS.
         1013. DATA ACCESS, ACCURACY, AND CORRECTION.
         1014. UNLAWFUL RETALIATION.
         1015. VENDOR NOTICE.
         1016. ENFORCEMENT.
   § 1010. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION,  THE  FOLLOWING
 TERMS HAVE THE FOLLOWING MEANINGS:
   1. "AGGREGATED EMPLOYEE DATA" MEANS EMPLOYEE DATA THAT AN EMPLOYER HAS
 COMBINED,  OR COLLECTED TOGETHER, IN A SUMMARY OR OTHER FORM SO THAT THE
 EMPLOYEE DATA CANNOT BE IDENTIFIED WITH ANY SPECIFIC EMPLOYEE.
   2. "AUTOMATED EMPLOYMENT DECISION TOOL" MEANS ANY COMPUTATIONAL  PROC-
 ESS,  AUTOMATED  SYSTEM,  OR  ALGORITHM  DERIVED  FROM MACHINE LEARNING,
 STATISTICAL MODELING, DATA ANALYTICS, ARTIFICIAL INTELLIGENCE, OR  SIMI-
 LAR  METHODS  THAT  ISSUES AN OUTPUT, INCLUDING A SCORE, CLASSIFICATION,
 RANKING, OR RECOMMENDATION THAT IS USED TO ASSIST OR REPLACE HUMAN DECI-
 SION MAKING ON EMPLOYMENT DECISIONS THAT IMPACT NATURAL PERSONS.  "AUTO-
 MATED  EMPLOYMENT  DECISION  TOOL" DOES NOT INCLUDE A TOOL THAT DOES NOT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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