AI Frontier Institute

Requires employers and employment agencies to notify candidates for employment if machine learning technology is used to make hiring decisions prior to the use of such technology.

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New York Assembly Bill 1952 (2025–2026 session) amends the Labor Law by adding a new Section 203-g to regulate 'automated employment decision tools' (AEDTs). The bill defines an AEDT as any computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that produces simplified output—such as a score, classification, or recommendation—used to substantially assist or replace discretionary decision-making in employment screening. Excluded from the definition are tools that do not automate or materially impact decision-making, such as spam filters, firewalls, calculators, and spreadsheets. Under Section 203-g(2), employers and employment agencies must notify each candidate at least ten business days before using an AEDT that: (i) an AEDT will be used in their assessment; (ii) the job qualifications and characteristics the tool will evaluate; and (iii) the type of data collected, its source, and the employer's data retention policy. Candidates must also be given the opportunity to request an alternative selection process or accommodation. Section 203-g(3) clarifies that the law does not limit candidates' rights to bring civil actions or restrict the Division of Human Rights from enforcing Article 15 of the Executive Law. The act takes effect January 1 of the year following enactment.

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