New York S 4394: Establishes criteria for the sale of automated employment decision tools

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S04394 Summary:

BILL NOS04394A

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SAME ASNo Same As

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SPONSORCOMRIE

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COSPNSR

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MLTSPNSR

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Add Art 20-D §§750 - 757, Lab L

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Establishes criteria for the use of automated employment decision tools; provides for enforcement for violations of such criteria.

Go to top S04394 Actions:

BILL NOS04394A

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02/04/2025REFERRED TO LABOR

12/05/2025AMEND (T) AND RECOMMIT TO LABOR

12/05/2025PRINT NUMBER 4394A

01/07/2026REFERRED TO LABOR

Go to topS04394 Committee&nbspVotes:

Go to topS04394 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04394 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4394--A

 2025-2026 Regular Sessions

 IN SENATE

 February 4, 2025
 ___________

 Introduced by Sen. COMRIE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Labor -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee

 AN ACT to amend the labor law, in relation to automated employment deci-
 sion tools

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The labor law is amended by adding a new article 20-D to
 2 read as follows:
 3 ARTICLE 20-D
 4 AUTOMATED EMPLOYMENT DECISION TOOLS
 5 Section 750. Definitions.
 6 751. Anti-discrimination.
 7 752. Requirements for a deployer of an automated employment
 8 decision tool.
 9 753. Requirements for a developer of an automated employment
 10 decision tool.
 11 754. AI governance.
 12 755. Transparency.
 13 756. Enforcement.
 14 757. Compliance.
 15 § 750. Definitions. For the purposes of this article, the following
 16 terms shall have the following meanings:
 17 1. "Artificial intelligence" shall mean a machine-based system that
 18 can, for a given set of human-defined objectives, make predictions,
 19 recommendations, or decisions influencing real or virtual environments.
 20 An artificial intelligence system uses machine and human-based inputs
 21 to:
 22 (a) perceive real and virtual environments;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05036-02-5

 S. 4394--A 2

 1 (b) abstract such perceptions into models through analysis in an auto-
 2 mated manner; and
 3 (c) use model inference to formulate options for information or
 4 action.
 5 2. "Automated employment decision tool" shall mean a system or service
 6 that uses artificial intelligence and has been specifically developed
 7 and marketed to, or specifically modified to be, the controlling factor
 8 in making a consequential employment decision.
 9 3. "Consequential employment decision" shall mean a determination made
 10 by a deployer to hire, promote, or terminate the employment of an indi-
 11 vidual.
 12 4. "Controlling factor" shall mean a factor that is weighted more than
 13 all other factors combined.
 14 5. "Deployer" shall mean any person, partnership, or corporation that
 15 uses an automated employment decision tool for a consequential employ-
 16 ment decision.
 17 6. "Developer" shall mean any person, partnership, or corporation that
 18 knowingly designs, codes, or produces an automated employment decision
 19 tool, or substantially modifies an artificial intelligence system or
 20 service for the intended purpose of being the controlling factor in a
 21 consequential employment decision, whether for its own use or for use by
 22 a third party.
 23 7. "Impact assessment" shall mean a documented risk-based evaluation
 24 of an automated employment decision tool, in accordance with the minimum
 25 requirements in subdivision two of section seven hundred fifty-two of
 26 this article and subdivision three of section seven hundred fifty-three
 27 of this article, respectively.
 28 § 751. Anti-discrimination. 1. A deployer shall not use an automated
 29 employment decision tool in a manner that violates article fifteen of
 30 the executive law.
 31 2. Nothing in this section shall limit a deployer from processing data
 32 for the purpose of preventing or addressing unlawful discrimination or
 33 complying with this article or otherwise evaluating the effectiveness of
 34 an automated employment decision tool