Senate Bill S7623A

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Labor 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-S7623 - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §203-g, Lab L; ren §52-c to be §52-e, amd §52-e, Civ Rts L

2023-S7623 - 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-S7623 - Sponsor Memo

2023-S7623 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7623
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              August 4, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules
 
 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 technical 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-f to
 read as follows:
   § 203-F. 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,  DERIVED  FROM MACHINE LEARNING, STATISTICAL MODELING, DATA ANALYT-
 ICS, OR ARTIFICIAL INTELLIGENCE, THAT ISSUES SIMPLIFIED OUTPUT,  INCLUD-
 ING  A  SCORE,  CLASSIFICATION,  OR  RECOMMENDATION,  THAT  IS  USED  TO
 SUBSTANTIALLY ASSIST OR REPLACE DISCRETIONARY DECISION MAKING FOR MAKING
 EMPLOYMENT DECISIONS THAT IMPACT NATURAL PERSONS. "AUTOMATED  EMPLOYMENT
 DECISION  TOOL" DOES NOT INCLUDE A TOOL THAT DOES NOT AUTOMATE, SUPPORT,
 SUBSTANTIALLY ASSIST OR REPLACE DISCRETIONARY DECISION-MAKING  PROCESSES
 AND  THAT DOES NOT MATERIALLY IMPACT NATURAL PERSONS, INCLUDING, BUT NOT
 LIMITED TO, A JUNK EMAIL FILTER, FIREWALL, ANTIVIRUS SOFTWARE,  CALCULA-
 TOR, SPREADSHEET, DATABASE, DATA SET, OR OTHER COMPILATION OF DATA.
   (B) "BIAS AUDIT" MEANS AN IMPARTIAL EVALUATION BY AN INDEPENDENT AUDI-
 TOR.  SUCH BIAS AUDIT SHALL INCLUDE BUT NOT BE LIMITED TO THE TESTING OF
 AN  AUTOMATED  EMPLOYMENT  DECISION  TOOL TO ASSESS THE TOOL'S DISPARATE
 IMPACT ON PERSONS OF ANY COMPONENT 1 CATEGORY REQUIRED TO BE REPORTED BY
 EMPLOYERS PURSUANT TO SUBSECTION (C) OF SECTION 2000E-8 OF TITLE  42  OF
 THE  UNITED  STATES  CODE AS SPECIFIED IN PART 1602.7 OF TITLE 29 OF THE
 CODE OF FEDERAL REGULATIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11940-02-3
 S. 7623                             2
              

2023-S7623A - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §203-g, Lab L; ren §52-c to be §52-e, amd §52-e, Civ Rts L

2023-S7623A - 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-S7623A - Sponsor Memo

2023-S7623A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7623--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              August 4, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on  Rules  --  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 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11940-03-3
              

co-Sponsors

2023-S7623B - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §203-g, Lab L; ren §52-c to be §52-e, amd §52-e, Civ Rts L

2023-S7623B - 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-S7623B - Sponsor Memo

2023-S7623B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7623--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              August 4, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said committee -- recommitted to the Committee on Labor in accord-
   ance with Senate Rule 6, sec. 8 -- 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11940-11-4
              

co-Sponsors

2023-S7623C (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §203-g, Lab L; ren §52-c to be §52-e, amd §52-e, Civ Rts L

2023-S7623C (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-S7623C (ACTIVE) - Sponsor Memo

2023-S7623C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7623--C
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              August 4, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  JACKSON -- read twice and ordered
   printed, and when printed to be committed to the Committee on Rules --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee -- recommitted to the Committee on Labor
   in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee --  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,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11940-13-4
              

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