Petruta Pirvan’s Post

𝐀𝐈 𝐢𝐧 𝐇𝐢𝐫𝐢𝐧𝐠 𝐚𝐧𝐝 𝐁𝐢𝐚𝐬 𝐀𝐮𝐝𝐢𝐭𝐬 As of 5 July 2023, NYC companies are prohibited from using automated tools to hire candidates or promote employees, unless the tools have been independently audited for #bias.   Our legal intern, Kosha Doshi, analyses for EU Digital Partners the main #compliance obligations NYC-based companies must scope in their internal employment policies and procedure according to 𝐍𝐘𝐂 𝐁𝐢𝐚𝐬 𝐀𝐮𝐝𝐢𝐭 𝐋𝐚𝐰.   🟣𝐏𝐞𝐫𝐟𝐨𝐫𝐦 𝐁𝐢𝐚𝐬 𝐀𝐮𝐝𝐢𝐭. The Law mandates that organizations must perform an independent bias audit before deploying 𝐀𝐮𝐭𝐨𝐦𝐚𝐭𝐞𝐝 𝐄𝐦𝐩𝐥𝐨𝐲𝐦𝐞𝐧𝐭 𝐃𝐞𝐜𝐢𝐬𝐢𝐨𝐧 𝐓𝐨𝐨𝐥𝐬 (𝐀𝐄𝐃𝐓𝐬). Bias audits must be a meticulous exercise serving the critical purpose of ensuring 𝐟𝐚𝐢𝐫𝐧𝐞𝐬𝐬 and 𝐢𝐦𝐩𝐚𝐫𝐭𝐢𝐚𝐥𝐢𝐭𝐲 in the decision-making process. It involves calculating the “s𝐞𝐥𝐞𝐜𝐭𝐢𝐨𝐧 𝐫𝐚𝐭𝐞” for each category protected by the 𝐄𝐪𝐮𝐚𝐥 𝐄𝐦𝐩𝐥𝐨𝐲𝐦𝐞𝐧𝐭 𝐎𝐩𝐩𝐨𝐫𝐭𝐮𝐧𝐢𝐭𝐲 𝐂𝐨𝐦𝐦𝐢𝐬𝐬𝐢𝐨𝐧 (𝐄𝐄𝐎𝐂). The 𝐚𝐮𝐝𝐢𝐭 𝐦𝐞𝐭𝐡𝐨𝐝𝐨𝐥𝐨𝐠𝐲 varies based on whether the AEDT operates as: 🔸𝐚 𝐫𝐞𝐠𝐫𝐞𝐬𝐬𝐢𝐨𝐧 𝐬𝐲𝐬𝐭𝐞𝐦 with continuous scores or 🔸𝐚 𝐜𝐥𝐚𝐬𝐬𝐢𝐟𝐢𝐜𝐚𝐭𝐢𝐨𝐧 𝐬𝐲𝐬𝐭𝐞𝐦 with binary outputs. In both cases, the audit is conducted to calculate impact ratios, which are used to compare the selection rates for different demographic categories, thus ensuring fairness in decision-making processes. 🟣𝐏𝐮𝐛𝐥𝐢𝐬𝐡 𝐁𝐢𝐚𝐬 𝐀𝐮𝐝𝐢𝐭 𝐑𝐞𝐬𝐮𝐥𝐭𝐬. Organizations are legally obligated to publish on their websites a report with a summary of the results of their bias audit. 🟣𝐓𝐫𝐚𝐧𝐬𝐩𝐚𝐫𝐞𝐧𝐜𝐲 𝐍𝐨𝐭𝐢𝐜𝐞𝐬. Employers and employment agencies using these tools to screen employees or candidates within New York City are mandated to inform them in advance about the tool’s usage and the job qualifications it considers. This notice must be provided 𝐚𝐭 𝐥𝐞𝐚𝐬𝐭 10 𝐛𝐮𝐬𝐢𝐧𝐞𝐬𝐬 𝐝𝐚𝐲𝐬 𝐛𝐞𝐟𝐨𝐫𝐞 𝐭𝐡𝐞 𝐀𝐄𝐃𝐓’𝐬 𝐝𝐞𝐩𝐥𝐨𝐲𝐦𝐞𝐧𝐭 and should include information on how to request an alternative selection process or accommodation.   "New York City’s anti-bias law serves as a significant step forward in the ongoing fight against discrimination and bias in the workplace." "By mandating comprehensive anti-bias audits, the law empowers employees to challenge their biases and create a more inclusive and fair working environment. Rather than look the other way, all employers should view it as the first step toward a rapidly approaching global revolution in the future of work." quotes by Jonathan Kestenbaum for Bloomberg Law #ai #artificialintelligence #dataprotection #dataprivacy #privacy #legalcompliance #employement #employementpolicies #bias #biasassessment #consultancyservices