As part of the NYC bias audit (NYC Local Law 144), employers and employment
agencies using automated employment decision tools (AEDT) are required from the 5th of July 2023 to do two things:
1. Summary of Results
Employers are required to provide a Summary of Results of a bias audit conducted within the last year on their Website or the website of the employment agency. It must include:
Date of the most recent bias audit,
Selection rates and impact ratios for all categories, and
Distribution date of the automated employment decision tool assessed in audit.
Employers or employment agencies must also keep the Summary of Results and the
Distribution Date posted on their website for at least 6 months after last using the
AEDT for an employment decision.
💡In compliance with the law, employers and employment agencies are responsible for conducting unbiased audits with impartial auditors. Our customers can request the Bias Audit Report, conducted by Holistic AI, from their dedicated Customer Success Manager. If they opt to use their own auditor, Bryq will provide comprehensive support to ensure the smooth extraction and facilitation of the audit results.
2. Notify Candidates
Employers must notify candidates of the use of automated decision tools. The notice must be given to candidates no less than 10 business days before using an AEDT. The notice must include the following:
Notification that an AEDT will be used in connection with the assessment or evaluation.
The job qualifications and characteristics that the AEDT will use to assess the candidate.
Instructions on how to request an alternative selection process or accommodation should be outlined. However, the proposed rules do not require an employer or employment agency to provide an alternative process.
Notices can be provided by:
Including notice on the careers or jobs section of its website in a clear and
Including notice in a job posting, or
Providing written notice in person, via U.S. mail, or e-mail.
📌 Samples provided in the above guidelines are for demonstration purposes only and
not for live use. Speak with your General Counsel (or your client’s Counsel) before
HR leaders should anticipate ongoing and regular audits as part of compliance. The NYC law specifically requires annual audits of AEDTs to ensure adherence to the regulations. By staying proactive and compliant, HR leaders can foster trust, fairness, and transparency in their hiring practices.