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Compliance Guide

NYC Local Law 144
AEDT Bias Audit Guide

NYC requires bias audits for AI hiring tools — and enforcement is already happening. Here's what you need to do to comply.

Overview

What is NYC Local Law 144?

NYC Local Law 144, enforced by the NYC Department of Consumer and Worker Protection (DCWP), regulates the use of automated employment decision tools (AEDTs) in hiring and promotion decisions. It was the first US municipal law to require independent bias audits for AI-powered hiring tools.

The law requires annual independent bias audits, candidate notification at least 10 business days before AEDT use, and public disclosure of audit results. Enforcement began on July 5, 2023, and the DCWP has been actively issuing violations.

Key Facts

  • Enforcement: NYC Department of Consumer and Worker Protection (DCWP)
  • Effective date: July 5, 2023 (active enforcement)
  • Scope: AEDTs used for NYC-based positions
  • Penalties: $500 first violation, $1,500 subsequent, per day
  • Bias audit: Annual, independent third-party
  • Candidate notice: 10 business days before use
  • Cure period: None
Applicability

Does NYC LL144 apply to you?

The law applies if you use an AEDT to substantially assist in hiring or promotion decisions for NYC-based positions.

Employer or Employment Agency

Any employer or employment agency that uses an AEDT in hiring or promotion decisions. This includes companies headquartered outside NYC that use AEDTs for NYC-based roles.

NYC-Based Positions

The law applies to candidates applying for positions located in New York City. Remote positions may also be covered if the employer is NYC-based.

What is an AEDT?

An Automated Employment Decision Tool is any computational process derived from machine learning, artificial intelligence, or other statistical modeling that generates a simplified output (score, classification, or recommendation) used to substantially assist in hiring or promotion decisions. "Substantially assist" means the tool is a principal factor in the decision — not merely a minor input.

Exclusions: The law does not apply to tools that do not use machine learning, AI, or statistical modeling (e.g., keyword search filters that simply match terms). It also does not apply to tools used solely for internal employee management without hiring or promotion impact.

Core Requirement

Bias Audit Requirements

An independent bias audit must be conducted annually by an impartial third-party auditor. The audit must assess the tool's impact on protected categories.

Independent Auditor

The audit must be conducted by an impartial third-party auditor who was not involved in the development of the AEDT. The auditor cannot be employed by the employer or the AEDT vendor.

Protected Categories

The audit must assess the tool's impact on sex and race/ethnicity categories. The auditor must calculate selection rates and impact ratios for each category.

Selection Rate

The proportion of individuals in a category who are selected, recommended, or classified by the AEDT. Must be calculated for each protected category.

Impact Ratio

The selection rate for a category divided by the selection rate for the most selected category. An impact ratio below 0.8 (the four-fifths rule) may indicate adverse impact.

Distribution Information

The audit must include information about the tool's distribution — the number of individuals assessed, categorized, or selected by the tool.

Public Disclosure

Audit results must be publicly available on the employer's website. The summary must include the date of the audit, the auditor's name, and the results for each category.

Transparency Requirement

Candidate Notification Requirements

Candidates must be notified at least 10 business days before the AEDT is used. Notification must include specific information.

10 Business Days Before Use

The notification must include:

  • That an AEDT will be used to evaluate the candidate
  • The job categories for which the AEDT will be used
  • Instructions for requesting an alternative selection process or reasonable accommodation

Notification Methods (any one):

  • On the employer's website (career page or job posting)
  • In the job posting itself
  • By US mail (if the candidate has provided an address)
  • By email (if the candidate has provided an email address)
  • In the employment application materials
Enforcement

NYC LL144 Penalties

The DCWP has been actively enforcing NYC LL144 since July 2023. There is no cure period.

ViolationPenaltyCure Period
First violation$500 per dayNone
Subsequent violations$1,500 per dayNone
Injunctive reliefDCWP may seek court order to stop AEDT useN/A

Penalties accrue per day of non-compliance, with no cap on total penalties. A company using a non-compliant AEDT for 30 days could face $15,000-$45,000 in fines. The DCWP has already issued violations to multiple companies.

Research Connection

Deterministic Bias Detection for NYC LL144

Subodh KC's Zenodo publication addresses the reproducibility requirements that auditors need — why deterministic methods matter more than accuracy for audit defensibility.

Bias audits under NYC LL144 must produce reproducible results. If an auditor runs the same bias assessment twice and gets different results, the audit evidence is undermined. Deterministic methods produce identical results on repeated runs — which is critical for audit defensibility.

Key insight from the paper:

Probabilistic or AI-generated bias assessments may produce different results on each run due to random initialization, sampling, or model stochasticity. This makes them unsuitable for regulatory audits where reproducibility is essential. Deterministic bias detection methods — using fixed seeds, exact calculations, and transparent logic — produce the same output every time, making them defensible in regulatory proceedings.

Action Items

NYC LL144 Compliance Checklist

A practical checklist for achieving and maintaining NYC Local Law 144 compliance.

Identify

Determine whether your hiring/promotion tool qualifies as an AEDT under the law
Identify all NYC-based positions for which the AEDT is used
Confirm whether the AEDT "substantially assists" in hiring or promotion decisions

Audit

Engage an independent third-party auditor (not involved in AEDT development)
Ensure the audit assesses impact on sex and race/ethnicity categories
Calculate selection rates and impact ratios for each protected category
Include distribution information (number of individuals assessed)
Publish audit results summary on your website

Notify

Implement candidate notification at least 10 business days before AEDT use
Include all required information (AEDT use, job categories, accommodation instructions)
Choose a notification method (website, job posting, email, or US mail)
Update job postings to include AEDT disclosure

Maintain

Schedule annual bias audits (not more than 12 months apart)
Update audit results on your website after each annual audit
Track DCWP enforcement actions and guidance updates
Maintain records of candidate notifications and audit results
Review AEDT vendor compliance documentation
Free Resource

Get the NYC LL144 Compliance Checklist

Free NYC LL144 Compliance Checklist

A practical, printable checklist covering AEDT identification, bias audit requirements, candidate notification, and ongoing compliance maintenance — informed by deterministic bias detection research published in Zenodo.

No spam. Unsubscribe anytime.

Expertise

How Subodh KC Can Help

My Zenodo publication on deterministic bias detection for NYC Local Law 144 addresses the reproducibility requirements that auditors need.

AEDT Assessment

Determine whether your hiring tool qualifies as an AEDT and whether it "substantially assists" in decisions — the threshold for LL144 applicability.

Bias Audit Preparation

Implement deterministic bias detection methods that produce reproducible results — essential for audit defensibility and regulatory proceedings.

Compliance Documentation

Build evidence architecture for audit results, candidate notification records, and ongoing compliance documentation that satisfies DCWP requirements.

Contact Subodh KC for NYC LL144 compliance advisory, or explore advisory services.

FAQ

Frequently Asked Questions

What is NYC Local Law 144?

NYC Local Law 144, enforced by the NYC Department of Consumer and Worker Protection (DCWP), regulates the use of automated employment decision tools (AEDTs) in hiring and promotion decisions. It requires annual independent bias audits, candidate notification at least 10 business days before use, and public disclosure of audit results. Enforcement began July 5, 2023.

Who needs to comply with NYC Local Law 144?

The law applies to any employer or employment agency that uses an automated employment decision tool to substantially assist in hiring or promotion decisions for candidates applying for positions located in New York City. This includes companies headquartered outside NYC that use AEDTs for NYC-based roles.

What are the NYC LL144 penalties?

Violations carry civil penalties of $500 for the first violation and $1,500 for each subsequent violation, per day of non-compliance. There is no cap on total penalties. The DCWP can also seek injunctive relief to stop the use of non-compliant AEDTs.

What is an AEDT under NYC Local Law 144?

An Automated Employment Decision Tool (AEDT) is any computational process derived from machine learning, artificial intelligence, or other statistical modeling that generates a simplified output (score, classification, or recommendation) used to substantially assist in hiring or promotion decisions. The law applies when the tool substantially assists — meaning it is a principal factor in the decision.

What does a NYC LL144 bias audit require?

An independent bias audit must be conducted annually by an impartial third-party auditor. The audit must assess the tool's impact on protected categories (sex, race/ethnicity) using selection rates and impact ratios. Results must be publicly available on the employer's website. The audit must include information about the tool's distribution and the number of individuals assessed.

When must candidates be notified under NYC LL144?

Candidates must be notified at least 10 business days before the AEDT is used. Notification must include: (1) that an AEDT will be used, (2) the job categories for which it will be used, and (3) instructions for requesting an alternative selection process or reasonable accommodation. Notification can be via the employer's website, in the job posting, or via US mail.

Does NYC LL144 have a cure period?

No. NYC Local Law 144 does not provide a cure period. Non-compliance can result in immediate penalties. The DCWP has been actively enforcing the law since July 5, 2023, and has already issued violations to companies for non-compliance.

How does deterministic bias detection help with NYC LL144?

Bias audits must produce the same results every time they're run — otherwise the audit evidence is weak. Deterministic methods (fixed calculations, no randomness) guarantee identical results on repeated runs. Probabilistic or AI-generated assessments may give different answers each time, which undermines audit defensibility. Subodh KC's Zenodo publication addresses this directly.

Achieve NYC LL144 Compliance

Enforcement is already underway. Get an AEDT assessment or bias audit preparation consultation from Subodh KC — author of the Zenodo publication on deterministic bias detection for NYC LL144.

This guide is for informational purposes and does not constitute legal advice. For jurisdiction-specific compliance guidance, contact Subodh KC for advisory services. Last updated: July 2026.

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