NYC Local Law 144 and AI Hiring Bias Audits

The New York City Council passed Local Law 144 in 2021. It took effect on January 1, 2023, and the Department of Consumer and Worker Protection (DCWP) began enforcing it on July 5, 2023. An AEDT is a computational process derived from machine learning, statistical modeling, data analytics or AI that issues a simplified output, such as a score, classification or recommendation, used to substantially assist or replace discretionary decision-making for employment decisions. The final rules read substantially assist narrowly: for example, relying solely on the output, weighting it more than other criteria, or using it to overrule human judgment. Critics argue this lets many employers decide their tools are out of scope. Before using an AEDT, an employer must have a bias audit conducted by an independent auditor within the past year and post a summary online, including the date of the audit, the distribution date of the tool, and selection or scoring rates and impact ratios by sex, race/ethnicity and intersectional categories. Candidates and employees who are NYC residents must receive notice at least 10 business days before use, including the job qualifications and characteristics the tool assesses, and instructions for requesting an alternative process or accommodation. The law does not require the employer to provide that alternative, and it does not set a passing score: an audit showing disparities does not by itself make use unlawful, though federal and state anti-discrimination laws still apply. Penalties are $500 for a first violation and up to $1,500 for subsequent ones. Enforcement has looked weak so far. A 2024 academic study found that only a small fraction of hundreds of employers checked had posted audits, and a New York State Comptroller audit released in late 2025 criticized DCWP's complaint-driven enforcement. A common misconception is that the law bans biased tools; it mainly mandates transparency.