Thread by @CenDemTech

NOT ENOUGH: The @NYCCouncil just passed the first U.S. law regarding fairness of AI-based hiring tools. @CenDemTech commends the Council for focusing on this key issue – but the bill falls far short.

Text of the bill here: legistar.council.nyc.gov/LegislationDet… #algorithms

@NYCCouncil The bill has several fatal flaws. Most egregious? It requires companies to audit for discrimination only on the basis of race or gender - ignoring that #AI hiring tools can discriminate on #disability, age, & other features too.

cdt.org/insights/repor… #DisabilityRights

@NYCCouncil Because federal regulations already require employers to test for disparate impacts on sex & race, the @NYCCouncil bill doesn't actually require employers to do anything they aren't already required to do.

cdt.org/insights/nyc-d… #discrimination #algorithms

@NYCCouncil There are other troubling provisions too: #hiring #AI

* Only applies to hiring + promotion; not to other major employment decisions (pay, scheduling, etc.)
* Only applies to workers who reside in NY; not the numerous non-NYC residents employed by NYC employers

@NYCCouncil * Most troubling – the revised bill stripped @NYCCHR’s authority to issue rules interpreting the new law. That means it's unclear whether or how the major gaps and weaknesses in the @NYCCouncil bill could be addressed later.

@NYCCouncil @NYCCHR The bill does have some positive requirements that align w/ CDT recommendations for notice & disclosure. Employers have to tell applicants that they will be evaluated by an automated tool, explain what the tool is supposed to measure, & give the option to request an alternative.

@NYCCouncil @NYCCHR .@CenDemTech has advocated for notice & alternative testing methods for a long time. But the bill’s requirements are vague, and there’s no mechanism to ensure alternative tests or requests for accommodation are seriously considered, much less fairly offered.

@NYCCouncil @NYCCHR We hope lawmakers continue to focus on this issue, but when they do they need to address the full range of harms. In the meantime, @CenDemTech stands ready to engage with workers, employers, the public, & policymakers regarding #AI #hiring tools & the best ways to approach them.