Can I use Ai to screen job applicants in New York City?

The idea behind the law is simple. If a machine helps decide who gets hired, the person affected should be able to see how the tool was checked and ask a human to look again. That is what the three duties add up to.

This matters beyond New York City. If you hire for a role based there, or if a candidate lives there, the rule can reach you. And other states have started to borrow its shape.

What does Local Law 144 require?

Three things, all before the tool screens a real candidate.

First, an independent bias audit. A third party audits the tool for bias. Not your vendor. Not your own team. An independent auditor. The audit looks at whether the tool treats people differently by sex, race, ethnicity, or other protected categories.

Second, a published summary. The summary of that audit must be made public. Posting it on your careers page is the usual way. The point is that the result is not private. A candidate can find it.

Third, notice to candidates. Candidates must be told that an automated tool is part of the process. The notice should say what the tool does and give the candidate a chance to ask for a human review or an accommodation. A line buried in a privacy policy does not do the job. Put it where the candidate will see it, in the application or the first outreach.

What counts as an automated hiring tool?

The law covers tools that use Ai to screen, rank, or score candidates, or to substantially assist a hiring decision. A resume parser that sorts by keywords can count. A video interview tool that scores answers counts. A chatbot that answers applicant questions probably does not, because it is not deciding anything about the person.

The test is whether the tool helps decide who moves forward. If the output shapes the decision, treat it as covered and meet the three duties. A tool that only schedules interviews does not decide anything about the person, so it is not the kind of tool this law covers. When in doubt, treat the tool as covered. Meeting the duties costs less than explaining later why you did not.

What should I do first?

Start with the inventory. List every tool that screens, scores, or ranks candidates. Include the applicant tracking system, any screening add-on, and any tool that ranks interview performance.

• Ask each vendor for bias testing and what data the tool uses. Ask whether an independent audit exists for the version you run. If the vendor cannot show one, you need one done before the tool touches New York City candidates.
• Tell candidates when Ai is involved, and say how they can ask for a human review.
• Keep the records. Save the audit summary, the tool list, the criteria you set, and the human decisions. If a decision is ever questioned, the record is what shows your work.

What to do next

New York City wrote the rule other states are now learning from. California, Illinois, Texas, and Colorado each took a different path, and the dates and duties do not match. If you hire across state lines, check the rule for each place you hire.

Read the overview of why Ai needs a strategy on the Why Ai page. If you want someone to check your tools against the rules that apply to your business, that is what an Ai risk and compliance audit is for.

HR guidance, not legal advice.