Bill > S2964

Introduced Session

This bill provides standards for the use of an independent bias audit if an employer elects to use an automated employment decision tool (AEDT) for an employment decision. The bill does not require an employer to use an AEDT in making an employment decision, but it does require that an employer utilize an independent bias auditing system of its AEDT if the employer elects to use an AEDT. The bill defines "automated employment decision tool," or "AEDT" to mean any system the function of which is governed by statistical theory, or systems the parameters of which are defined by systems, including inferential methodologies, linear regression, neural networks, decision trees, random forests, and other learning algorithms, which automatically filter candidates or prospective candidates for hire or for any term, condition, or privilege of employment in a way that establishes a preferred candidate or candidates. The bill defines "bias audit" to mean an impartial evaluation, including but not limited to testing, of an automated employment decision tool to assess its predicted compliance with the provisions of the "Law Against Discrimination," and any other applicable law relating to discrimination in employment. The bill requires employers to post the result of bias audits on employer websites, and it requires employers to provide notice to employment candidates or applicants of the use of an AEDT in employment decisions. This bill is modeled after regulations in the New York City Administrative Code addressing the use of AEDTs and bias auditing of those systems.

Committee Categories

Andrew Zwicker (D)*, 

Introduced in the Senate, Referred to Senate Labor Committee (on 03/18/2024)

Official Document