§ 5-301 Bias Audit.
RCNY § 5-301
(a)An employer or employment agency may not use or continue to use an AEDT if more than one year has passed since the most recent bias audit of the AEDT.
(b)Where an AEDT selects candidates for employment or employees being considered for promotion to move forward in the hiring process or classifies them into groups, a bias audit must, at a minimum: (1) Calculate the selection rate for each category; (2) Calculate the impact ratio for each category; (3) Ensure that the calculations required in paragraphs (1) and (2) of this subdivision separately calculate the impact of the AEDT on: i. Sex categories (e.g., impact ratio for selection of male candidates vs female candidates), ii. Race/Ethnicity categories (e.g., impact ratio for selection of Hispanic or Latino candidates vs Black or African American [Not Hispanic or Latino] candidates), and iii. intersectional categories of sex, ethnicity, and race (e.g., impact ratio for selection of Hispanic or Latino male candidates vs. Not Hispanic or Latino Black or African American female candidates).
(4)Ensure that the calculations in paragraphs (1), (2), and (3) of this subdivision are performed for each group, if an AEDT classifies candidates for employment or employees being considered for promotion into specified groups (e.g., leadership styles); and (5) Indicate the number of individuals the AEDT assessed that are not included in the required calculations because they fall within an unknown category. Example: An employer wants to use an AEDT to screen resumes and schedule interviews for a job posting. To do so, the employer must ensure that a bias audit of the AEDT was conducted no more than a year before the planned use of the AEDT. This bias audit is necessary even though the employer is not using the AEDT to make the final hiring decision, but only to screen at an early point in the application process. The employer asks the vendor for a bias audit. The vendor provides historical data regarding applicant selection that the vendor has collected from multiple employers to an independent auditor who will conduct a bias audit as follows: Sex Categories # of Applicants# SelectedSelection RateImpact RatioMale139066748%1.00Female118155547%0.979 Race/Ethnicity Categories# of Applicants# SelectedSelection RateImpact RatioRace/Ethnicity Categories# of Applicants# SelectedSelection RateImpact RatioHispanic or Latino40820450%0.97White (Not Hispanic or Latino) 79741252%1.00Black or African American (Not Hispanic or Latino) 39017044%0.84Native Hawaiian or Pacific Islander (Not Hispanic or Latino) 1195244%0.85Asian (Not Hispanic or Latino) 61630249%0.95Native American or Alaska Native (Not Hispanic or Latino) 411844%0.85Two or More Races (Not Hispanic or Latino) 2139645%0.87 Intersectional Categories# of Applicants# SelectedSelection RateImpact RatioIntersectional Categories# of Applicants# SelectedSelection RateImpact RatioHispanic or LatinoMale2059043.9%0.841Female190820.82743.2%Non/Hispanic or LatinoMaleWhite41221552.2%1.000Black or African American2269542.0%0.806Native Hawaiian or Pacific Islander873742.5%0.815Asian32116752.0%0.997Native American or Alaska Native241145.8%0.878Two or More Races1155245.2%0.866FemaleWhite38519751.2%0.981Black or African American1647545.7%0.876Native Hawaiian or Pacific Islander321546.9%0.898Asian29513545.8%0.877Native American or Alaska Native17741.2%0.789Two or More Races984444.9%0.860 Note: The AEDT was also used to assess 250 individuals with an unknown sex or race/ethnicity category. Data on those individuals was not included in the calculations above.
(c)Where an AEDT scores candidates for employment or employees being considered for promotion, a bias audit must, at a minimum: (1) Calculate the median score for the full sample of applicants; (2) Calculate the scoring rate for individuals in each category; (3) Calculate the impact ratio for each category; (4) Ensure that the calculations required in paragraphs (1), (2), and (3) of this subdivision separately calculate the impact of the AEDT on: i. Sex categories (i.e., impact ratio for selection of male candidates vs female candidates), ii. Race/Ethnicity categories (e.g., impact ratio for selection of Hispanic or Latino candidates vs Black or African American [Not Hispanic or Latino] candidates), and iii. intersectional categories of sex, ethnicity, and race (e.g., impact ratio for selection of Hispanic or Latino male candidates vs. Not Hispanic or Latino Black or African American female candidates); and (5) Indicate the number of individuals the AEDT assessed that are not included in the required calculations because they fall within an unknown category.
(d)Notwithstanding the requirements of paragraphs (2) and (3) of subdivision (b) and paragraphs (3) and (4) of subdivision (c), an independent auditor may exclude a category that represents less than 2% of the data being used for the bias audit from the required calculations for impact ratio. Where such a category is excluded, the summary of results must include the independent auditor's justification for the exclusion, as well as the number of applicants and scoring rate or selection rate for the excluded category. Example: An employer uses an AEDT to score applicants for "culture fit." To do so, the employer must ensure that a bias audit of the AEDT was conducted no more than a year before the use of the AEDT. The employer provides historical data on "culture fit" score of applicants for each category to an independent auditor to conduct a bias audit as follows: Sex Categories # of Applicants Scoring RateImpact RatioMale9254.3%1.00Female7644.7%0.82 Race/Ethnicity Categories # of ApplicantsScoring RateImpact RatioRace/Ethnicity Categories # of ApplicantsScoring RateImpact RatioHispanic or Latino2864.2%1.00White (Not Hispanic or Latino) 4037.5%0.58Black or African American (Not Hispanic or Latino) 3250.0%0.78Native Hawaiian or Pacific Islander (Not Hispanic or Latino) 862.5%0.97Asian (Not Hispanic or Latino) 2441.7%0.65Native American or Alaska Native (Not Hispanic or Latino) 1662.5%0.97Two or More Races (Not Hispanic or Latino) 2050.0%0.78 Intersectional Categories# of ApplicantsScoring RateImpact RatioIntersectional Categories# of ApplicantsScoring RateImpact RatioHispanic or LatinoMale1675%1.00Female1250%0.67Non/Hispanic or LatinoMaleWhite2035%0.47Black or African American2050%0.67Native Hawaiian or Pacific Islander475%1.00Asian1258.3%0.78Native American or Alaska Native862.50.83Two or More Races1250%0.67FemaleWhite2040%0.53Black or African American1250%.67Native Hawaiian or Pacific Islander450%0.67Asian1225%0.33Native American or Alaska Native862.5%0.83Two or More Races850%0.67 Note: The AEDT was used to assess 15 individuals with an unknown sex or race/ethnicity category. Data on these individuals was not included in the calculations above. (Added City Record 4/6/2023, eff. 5/6/2023)
