§ 5-304 Notice to Candidates and Employees.
RCNY § 5-304
(a)The notice required by § 20-871(b)(1) of the Code must include instructions for how an individual can request an alternative selection process or a reasonable accommodation under other laws, if available. Nothing in this subchapter requires an employer or employment agency to provide an alternative selection process.
(b)To comply with § 20-871(b)(1) and (2) of the Code, an employer or employment agency may provide notice to a candidate for employment who resides in the city by doing any of the following: (1) Provide notice on the employment section of its website in a clear and conspicuous manner at least 10 business days before use of an AEDT; (2) Provide notice in a job posting at least 10 business days before use of an AEDT; or, (3) Provide notice to candidates for employment via U.S. mail or e-mail at least 10 business days before use of an AEDT.
(c)To comply with § 20-871(b)(1) and (2) of the Code, an employer or employment agency may provide notice to an employee being considered for promotion who resides in the city by doing any of the following: (1) Provide notice in a written policy or procedure that is provided to employees at least 10 business days before use of an AEDT; (2) Provide notice in a job posting at least 10 business days before use of an AEDT; or, (3) Provide notice via U.S. mail or e-mail at least 10 business days before use of an AEDT.
(d)To comply with § 20-871(b)(3) of the Code, an employer or employment agency must: (1) Provide information on the employment section of its website in a clear and conspicuous manner about its AEDT data retention policy, the type of data collected for the AEDT, and the source of the data; (2) Post instructions on the employment section of its website in a clear and conspicuous manner for how to make a written request for such information, and if a written request is received, provide such information within 30 days; and (3) Provide an explanation to a candidate for employment or employee being considered for promotion why disclosure of such information would violate local, state, or federal law, or interfere with a law enforcement investigation. (Added City Record 4/6/2023, eff. 5/6/2023)
