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NYC’s law on AI in recruitment takes effect

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Meanwhile, Emily Dickens, Society of Human Resource Management chief of staff and head of public affairs, objects to the fines.

“It was a good faith attempt to try to assign some regulatory guardrails around the issue that could impact some people adversely if it’s not used correctly,” she said. “But we should assume good intent until we see something very egregious. It’s the first law of its kind and is likely to be replicated in other jurisdictions and you don’t want to start with penalizing people for trying to do the right thing.”

Simone Francis, shareholder, and Zachary Zagger, senior marketing counsel, both at law firm Ogletree Deakins said that, with the new NYC law coming into effect, employers may want to look into their use of AI in hiring.

“Employers are increasingly relying on automated decision-making tools and AI systems to make employment-related decisions, including hiring, screening job candidates, or improving workplace efficiency. New York City is one of several jurisdictions to place guardrails on the use of this emerging technology as federal regulators, such as the EEOC, have further raised concerns that the tools could result in discrimination against individuals with disabilities or other protected groups,” they said in a piece published on JD Supra.

“Employers and employment agencies in New York may want to consider reviewing the extent to which they are already using such tools and whether such tools used or planned to be used have been subjected to bias audits.”

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