The Impact of New York Anti-Discrimination Amendments on AI Use
The Impact of New York Anti-Discrimination Amendments on AI Use
Publish Date: 2026-03-06 10:29:00
Source Domain: ogletree.com
- The New York State Human Rights Law now recognizes disparate impact claims, which stands in contrast to President Trump’s executive order directing the deprioritization of such claims by federal agencies.
- Disparate impact can occur with the use of artificial intelligence (AI) in employment decision-making processes.
- The practice is considered discriminatory when it has a disparate impact on protected classes under the NYSHRL.
- New York’s amendment diverges from the federal stance on disparate impact, potentially leading to increased state law discrimination claims, particularly for employers using AI tools.
- The use of AI could lead to additional scrutiny in administrative or legal proceedings if it causes a disparate impact on protected classes, despite employers’ best intentions to increase efficiencies.
- Proactive measures such as conducting bias audits and proactively evaluating AI tools are important to help defend against potential discrimination claims, alongside documenting job-relatedness and business necessity for AI-assisted employment practices.
- Companies are encouraged to carefully document the justification and deployment of AI systems to bolster defenses in discrimination cases, where applicable.
