The Tool Desk
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What automated employment assessment can look like
Automation can appear at several points in hiring or promotion. Examples include software that scans résumés for keywords, ranks or scores candidates, analyzes online presence, evaluates video interviews, or assesses employees for promotion. These are clues to ask about, not proof that a particular system meets a legal definition of an automated employment decision tool (AEDT).
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Focus on what the system does rather than whether the employer or vendor calls it “AI.” A system that filters, classifies, scores, ranks, or recommends people warrants a follow-up question. A tool may also assist a decision without making the final selection itself.
What counts as a covered tool in New York City
Under New York City’s rules, an AEDT is covered when its simplified output substantially assists or replaces discretionary hiring or promotion decisions. The rule includes cases where an employer relies solely on a score or ranking, gives it the most weight, or lets it override other conclusions. A system that only transcribes or translates existing text is expressly excluded from the rule’s simplified-output definition. Read the city rule and Administrative Code §20-870 for the legal wording.
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That distinction matters: a résumé parser or transcription feature is not automatically a covered AEDT merely because it uses software or AI. The relevant question is what output it produces and how that output affects a discretionary employment decision.
Check whether New York City rules may apply
Geographic coverage is not determined only by where you happen to be sitting when you apply or work. DCWP says the law may apply when the job is at an NYC office at least part time, a remote job is associated with an NYC office, or the employment agency using the tool is based in NYC. The notice requirement is directed to candidates and employees who reside in NYC. These are separate tests, so check both the role or agency connection and your own residency. See DCWP’s AEDT FAQ.
New York State has a separate requirement for state agencies using covered automated employment decision tools: agencies must publish annual lists with tool descriptions, start dates, purposes, and use. This does not create a general disclosure duty for every private employer. For other states and localities, check the applicable labor or civil-rights agency’s current rules.
How to check whether a tool is involved
- Search the materials you already have. Check the job posting, employer careers site, applicant portal, and employee notices for terms such as “automated employment decision tool,” “AI,” “algorithmic assessment,” “automated screening,” “bias audit,” or a vendor or product name. Not finding those terms does not establish that no automation was used.
- Identify the step and output. Note whether software screens applications, ranks candidates, analyzes an interview, or informs promotion decisions—and whether it filters, scores, tags, recommends, or ranks people.
- For an NYC-linked role, look for audit information. Check the employer’s website for the latest bias-audit summary and the date the tool began being used. The audit measures selection or scoring rates and impact ratios across defined categories; it is not an explanation of your individual result.
- Ask the employer in writing. Keep the questions specific to the role and decision stage. Outside jurisdictions with applicable disclosure rules, these are practical requests, not a universal legal entitlement.
- Save the record. Keep the job posting, notices, role details, relevant dates, employer responses, and any audit summary you find.
Questions to send the employer
You can adapt this message:
Will an automated employment decision tool assess me for this position or promotion? What tool and vendor are involved, and at which stage will it be used? What qualifications or characteristics does it evaluate? What data does it collect, where does that data come from, and how long is it retained? How much weight does the tool’s output receive, and can it override other reviewers’ conclusions?
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In NYC, an advance notice must identify the qualifications or characteristics the tool assesses. If the relevant information is not posted, a written request can seek the data type, data source, and retention policy. The law does not mean an employer must disclose proprietary model details or provide a detailed account of every individual decision.
What New York City notice and audit rules require
For covered use, NYC Local Law 144 requires an audit conducted within one year before the tool is used, a publicly available summary of the audit and the tool’s distribution date, and advance notice to covered NYC-resident candidates or employees. Notice must arrive at least 10 business days before use, identify the qualifications or characteristics assessed, and allow the person to request an alternative selection process or accommodation. The requirements are set out in the municipal code and the city rule.
A published audit can help you verify that a summary exists and see the categories and measures reported. It does not show whether the tool caused your rejection, explain your individual score, or by itself establish discrimination.
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A notice, audit summary, or automated step can establish that a tool may be involved. A score or ranking is another reason to ask questions. None of these, on its own, establishes how much the tool influenced a specific hiring or promotion decision or whether the decision was discriminatory. Ask what role the output played; if you believe you experienced discrimination, seek guidance from the relevant civil-rights agency or a lawyer familiar with the applicable jurisdiction.
Where to report a suspected New York City violation
If an NYC employer appears to have failed to conduct an audit, post its summary, or provide required notice, you can report the concern through NYC311. The city’s checklist asks for details such as the suspected date, an explanation of the concern, posting or position information, the tool name or type if known, and any notice received. NYC311/DCWP handles suspected audit, publication, or notice failures; discrimination complaints go to the NYC Commission on Human Rights.
Because agency instructions and laws can change, verify current local guidance before filing. DCWP’s FAQ is dated June 29, 2023.
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