The Impact of New York Anti-Discrimination Amendments on AI Use | Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
https://www.jdsupra.com/legalnews/the-impact-of-new-york-anti-2170612/
Publish Date: 2026-03-06 15:15:00
Source Domain: www.jdsupra.com
- On December 19, 2025, Governor Kathy Hochul signed legislation amending the New York State Human Rights Law (NYSHRL) to recognize disparate impact as a basis for employment discrimination claims, irrespective of intent.
- This amendment aligns New York’s stance with the prior jurisprudence even as it diverges from federal actions under President Trump, which directed federal agencies to deprioritize similar claims.
- The legislation specifically recognizes that practices can result in a discriminatory impact if they affect groups in a protected class under the NYSHRL differently, even without discriminatory intent.
- The amended NYSHRL, especially in relation to increasing AI use in employment, may raise the scrutiny of AI systems used in decision-making due to their potential disparate impact on protected groups.
- Employers might benefit from documenting AI use and proactively auditing any AI systems to mitigate litigation risks associated with a potential disparate impact, in light of the amendment.
