Artificial Intelligence Policy Tracker

Employers and employment agencies must obtain an independent bias audit before using an automated employment decision tool

Download: JSON · MarkdownUnder NYC Local Law 144 (automated employment decision tools), NYC Administrative Code Section 20-871(a)(1); 6 RCNY Section 5-301

Verified against the official source 26 Sep 2026 (a factual check against the official source, not a legal review or legal advice)
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Verification policy and current standing · a factual check, not legal advice.
No change recorded as of 26 Sep 2026 · official source last checked
On this page 9 sections

In brief

Employers and employment agencies must obtain an independent bias audit before using an automated employment decision tool is a legal requirement under NYC Local Law 144 (automated employment decision tools) in New York (United States) (NYC Administrative Code Section 20-871(a)(1); 6 RCNY Section 5-301). It applies from 5 July 2023.

Nature
Legal requirement
Source reference
NYC Administrative Code Section 20-871(a)(1); 6 RCNY Section 5-301
Applies from
5 July 2023
Who it binds
Deployer / user organisation
Evidence examples
2
Framework mappings
NIST AI Risk Management Framework 1.0, ISO/IEC 42001:2023
Controls that meet it
2
Official source
Open official text
Verification
Verified against the official source 26 Sep 2026

What does it require?

An automated employment decision tool may not be used to screen candidates or employees for hiring or promotion in New York City unless it has been the subject of a bias audit by an independent auditor within the year before use. The audit calculates selection rates and impact ratios by sex, race/ethnicity and their intersections, and scoring-rate comparisons for tools that score rather than select, using the employer's historical data or, where insufficient, test data as the DCWP rules allow.

Practical action

Commission an annual independent bias audit for each tool, supplying historical outcome data by protected category, and calendar the twelve-month expiry.

Who does it apply to?

Employers and employment agencies using an automated employment decision tool for candidates or employees who reside in New York City; vendors are not directly liable but commonly supply the audit.

Applies from:

Which controls meet this duty?

Satisfies: the control, operated properly, does the work the duty asks for. Supports: it contributes but the duty needs more. Each control page lists every other duty it serves, so work done once can be counted once.

  • satisfiesTechnical measureQuality or testing lead · at launch and on material change
    Accuracy, robustness, fairness and security testing

    Serves 15 recorded duties · evidence: Pre-release test report, Test plan and acceptance criteria, Release test sign-off

    Disparate-impact testing performed by an independent auditor on the statutory metrics.

  • supportsProcessProcurement or vendor risk lead · once per ai system
    Vendor and third-party AI due diligence

    Serves 6 recorded duties · evidence: AI supplier due-diligence assessment, AI supplier and component register, Supplier onboarding decision

    Vendor supplies data and audit access for the tool.

Templates that cover this duty

Generated from the records. Free · no account · links emailed to your work address. This duty is cited in each file with its source reference and a link back here.

All 6 templates that cover it →

What evidence would a reviewer expect?

Evidence examples
EvidenceTypeNotes
Independent bias audit reportreportImpact ratios by category with audit date and auditor independence statement.
Audit data extract and category mappingrecord

Framework mappings

Original editorial crosswalks. They cite clause numbers only and reproduce no standard text; confidence reflects how direct the mapping is.

See every New York (United States) duty mapped this way →

Framework mappings table
FrameworkReferenceNoteConfidence
NIST AI RMF 1.0MEASURE 2.11, MEASURE 1.3Fairness evaluation by independent assessors.high
ISO/IEC 42001:2023Annex A.6.2.4; Clause 9.2Verification and validation; independent audit.medium

Frequently asked questions

Is this a legal requirement?

Yes. It is a legal requirement under NYC Local Law 144 (automated employment decision tools) (NYC Administrative Code Section 20-871(a)(1); 6 RCNY Section 5-301).

Who must comply with this obligation?

Employers and employment agencies using an automated employment decision tool for candidates or employees who reside in New York City; vendors are not directly liable but commonly supply the audit.

When does this obligation apply?

It applies from 5 July 2023.

What evidence shows compliance?

A reviewer would expect: Independent bias audit report; Audit data extract and category mapping.

Which frameworks map to this obligation?

It is mapped to NIST AI Risk Management Framework 1.0 MEASURE 2.11, MEASURE 1.3, ISO/IEC 42001:2023 Annex A.6.2.4; Clause 9.2. These are editorial crosswalks with a stated confidence, not official mappings.

Which controls satisfy this obligation?

Accuracy, robustness, fairness and security testing; Vendor and third-party AI due diligence.

What should an organisation do in practice?

Commission an annual independent bias audit for each tool, supplying historical outcome data by protected category, and calendar the twelve-month expiry.

Cite this record

AIPolicyTracker (2026). “Employers and employment agencies must obtain an independent bias audit before using an automated employment decision tool (NYC Local Law 144 (automated employment decision tools))” [AIPT-OBL-0099, verified 26 September 2026 by Bhaskar Bhatt]. https://aipolicytracker.org/id/AIPT-OBL-0099 (accessed 8 November 2026). Data licensed CC BY 4.0.

Permanent id AIPT-OBL-0099: it never changes or gets reused, and its address keeps working if this page moves.

Cite the official text alongside it: Automated Employment Decision Tools (AEDT), NYC Department of Consumer and Worker Protection, https://www.nyc.gov/site/dca/about/automated-employment-decision-tools.page.

BibTeX
@misc{aipolicytracker2026_employersandemploymentag,
  author       = {{AIPolicyTracker}},
  title        = {{Employers and employment agencies must obtain an independent bias audit before using an automated employment decision tool (NYC Local Law 144 (automated employment decision tools))}},
  year         = {2026},
  howpublished = {\url{https://aipolicytracker.org/obligations/us-new-york-city-local-law-144-bias-audit}},
  url          = {https://aipolicytracker.org/obligations/us-new-york-city-local-law-144-bias-audit},
  urldate      = {2026-11-08},
  note         = {Data licensed CC BY 4.0. Accessed 8 November 2026}
}

Change history

No change to this record's tracked fields has been recorded since 15 October 2026, when field-level history began.

Similar obligations in other instruments

Disclaimer: informational only, not legal advice. Verify every claim against the linked official sources and consult a qualified lawyer before acting.