As we previously noted, New York City’s Automated Employment Decision Tools Law (“AEDT Law”), regulating employers’ use of automated employment decision tools, with the aim of curbing bias in hiring and promotions, had an effective date of January 1, 2023.  In late September 2022, we reported about the New York City Department of Consumer and Worker Protection (“DCWP”) issuing a Notice of Public Hearing and Opportunity to Comment on Proposed Rules related to the AEDT law.  The hearing subsequently took place on November 4, 2022, and dozens of organizations and individuals submitted comments, leaving many observers wondering whether the comments would impact the quickly approaching January 1, 2023 enforcement date and how the DCWP would interpret the law.

On Friday, December 9, 2022, the DCWP announced the postponement of the original enforcement date for the AEDT Law from January 1, 2023, to April 15, 2023, due to the high volume of public comments.  Further, DCWP announced that it plans on holding a second public hearing before April 15, 2023, on a date and time to be determined.

Epstein, Becker & Green, P.C. will continue to monitor and publish updates on this topic.  Despite the DCWP’s decision to postpone enforcement of the AEDT Law, however, EBG recommends that covered employers continue to work with counsel, and any required outside experts to ensure compliance, with the AEDT Law by April 15, 2023.