AI Frontier Institute

Prohibits the use of automated systems to make employment decisions unless there is a meaningful human review of the output of such automated system prior to the final employment decision; requires employers that use an automated system in the hiring process to notify applicants of the use of such system; provides that an applicant who has received an adverse employment decision may request a human-conducted review of such decision.

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New York Assembly Bill 9601 amends the Labor Law by adding a new Section 211-b to require meaningful human review of automated hiring decisions. Employers are prohibited from using automated systems—including algorithms, AI systems, or automated employment decision tools—to screen resumes or applicants unless a human with decision-making authority reviews the output before any final or adverse employment decision is made. Under Section 211-b(2), no applicant may be denied employment solely on the basis of an automated system's output, and any recommendations, scores, rankings, or filters produced by such systems are subject to human evaluation and override. Section 211-b(3) requires employers to notify applicants that an automated system will be used, describe in plain language the data analyzed, and explain the role of the human reviewer. Section 211-b(4) entitles applicants who receive an adverse decision to request a human-conducted review. Section 211-b(5) authorizes the commissioner to enforce the law through administrative fines, cease-and-desist orders, and corrective action requirements. Section 211-b(6) defines 'automated employment decision tool' as any computational, algorithmic, AI-based, or statistical system used to screen, rank, score, or filter applicants, and defines 'meaningful human review' as a deliberate evaluation by a human with authority to modify or overturn an automated outcome. The act takes effect immediately upon passage.

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