§ 5-302 Data Requirements.
RCNY § 5-302
(a)Historical Data. A bias audit conducted pursuant to 6 RCNY § 5-301 must use historical data of the AEDT. The historical data used to conduct a bias audit may be from one or more employers or employment agencies that use the AEDT. However, an individual employer or employment agency may rely on a bias audit of an AEDT that uses the historical data of other employers or employment agencies only in the following circumstances: if such employer or employment agency provided historical data from its own use of the AEDT to the independent auditor conducting the bias audit or if such employer or employment agency has never used the AEDT.
(b)Test Data. Notwithstanding the requirements of subdivision (a) of this section, an employer or employment agency may rely on a bias audit that uses test data if insufficient historical data is available to conduct a statistically significant bias audit. If a bias audit uses test data, the summary of results of the bias audit must explain why historical data was not used and describe how the test data used was generated and obtained. Example 1: An employer is planning to use an AEDT for the first time. The employer may rely on a bias audit conducted using the historical data of other employers or employment agencies, or on a bias audit conducted using test data. Example 2: An employment agency has been using an AEDT for 6 months. The bias audit the employment agency relied on before its first use of the AEDT was conducted 10 months ago using test data. The employment agency will need an updated bias audit if it will continue to use the AEDT once 12 months have passed since the bias audit it first relied on was conducted. The employment agency's data from 6 months of use of the AEDT is not sufficient on its own to conduct a statistically significant bias audit. The employment agency may rely on a bias audit using the historical data of other employers and employment agencies if it provides its 6 months of historical data to the independent auditor for use and consideration. The employment agency may also rely on a bias audit that uses test data. Example 3: An employer has been using an AEDT for 3 years and will soon need an updated bias audit. The employer has statistically significant data from its 3 years of use of the AEDT. The employer may rely on a bias audit conducted using historical data from multiple employers if it provides its 3 years of historical data to the independent auditor for use and consideration. The employer may also rely on a bias audit conducted using historical data from its own use of the AEDT, without any data from other employers or employment agencies. The employer may not rely on a bias audit conducted using test data. (Added City Record 4/6/2023, eff. 5/6/2023)
