S 4394 New York Senate · 2025 Regular Session

Establishes criteria for the sale of automated employment decision tools

This bill establishes rules for companies using AI tools to make key hiring, promotion, or termination decisions. It directly affects "deployers" (employers using these tools) and "developers" (companies creating them), requiring both to conduct annual impact assessments. Key provisions mandate documenting data usage, assessing discrimination risks, implementing safeguards, and maintaining transparency about how the tools function. Deployers must verify tools align with their intended purpose, while developers must disclose limitations and evaluation methods before selling tools. The law aims to prevent biased outcomes by requiring proactive risk management for AI-driven employment decisions.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 4, 2025 Last action Jan 7, 2026
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What changed between versions

S4394 S4394A · 5 edits
MODERATE
The bill was amended to restructure it as a new article (20-D) with separate sections for definitions, anti-discrimination rules, and requirements for both deployers and developers of automated employment decision tools. The changes clarify key terms like 'controlling factor' and 'consequential employment decision' while shifting focus from just employer compliance to also regulating tool developers.
Scope change
The bill now explicitly covers both employers (deployers) and tool creators (developers), expanding regulatory oversight beyond just workplace usage to include the creation and modification of AI systems used in hiring.
STRUCTURE

Changed from a single section to a new article with multiple sections (750-757) for better organization and future expansion.

DEFINITION

Added new definitions for 'developer', 'deployer', 'controlling factor', and 'consequential employment decision' to clarify who is regulated and what actions are covered.

REQUIREMENT

Added requirements for developers to provide statements of intended use to deployers, creating a new accountability layer for tool creators.

Replaced 'disparate impact analysis' with 'impact assessment' and expanded requirements to include risk mitigation and consistency with developer intent.

ENFORCEMENT

Added explicit anti-discrimination provisions (Section 751) separate from general compliance requirements.

Floor votes

How they voted

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Full legislative history

Actions timeline

Total actions
4
Key actions
2
Committee
2
Amendments
2
Jan 7, 2026
Committee
REFERRED TO LABOR
upper
Dec 5, 2025
Upper · Passed
PRINT NUMBER 4394A
upper
Dec 5, 2025
Upper · Passed
AMEND (T) AND RECOMMIT TO LABOR
upper
Feb 4, 2025
Committee
REFERRED TO LABOR
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Leroy Comrie
Leroy Comrie
DDemocratic
NY
14