AI Frontier Institute

Prohibits employers from engaging in discrimination on the basis of a protected class when using artificial intelligence for recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or the terms, privileges, or conditions of employment.

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New York Senate Bill S. 9028 (introduced January 23, 2026 by Sen. Weik) has not been enacted; it was referred to the Committee on Investigations and Government Operations. If enacted, it would amend the Executive Law (the state Human Rights Law). Section 1 would add definitions to section 292: subdivision 43 defines "artificial intelligence" as a machine-based system that infers from its inputs how to generate outputs such as predictions, content, recommendations, or decisions, including generative AI. Subdivision 44 defines "generative artificial intelligence" as an automated system that, when prompted, produces outputs simulating human-produced content (text, images, multimedia, and other content). Section 2 would add subdivision 23 to section 296. Paragraph (a) would make it an unlawful discriminatory practice for an employer to use AI for recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or the terms, privileges, or conditions of employment if it has the effect of discriminating on the basis of age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence. The same paragraph would also bar using zip codes as a proxy for those protected classes. Paragraph (b) would make it unlawful for an employer to fail to notify an employee that it is using AI for those purposes. Paragraph (c) would require the division to adopt rules for implementation and enforcement, including when notice is required, the notice time period, and the means of notice. Section 3 would make the act take effect 180 days after it becomes law.

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