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NYC Delays Enforcement of Automated Employment Decision Tools Law

Client Alert | 1 min read | 12.13.22

New York City has just announced that it will delay enforcement of Local Law 144, which will require employers and employment agencies using automated employment decision tools to ensure that a bias audit is conducted prior to the use of such tools, and will require notice of the use of such tools to covered candidates or employees.  The NYC Department of Consumer and Worker Protection is planning a second public hearing on the law, due to the high volume of public comments received in response to its proposed rules.  The agency is currently planning to delay enforcement of the rule until April 15, 2023.  We will continue to monitor for updates.

Insights

Client Alert | 3 min read | 07.23.26

Protester Beware: Recent GAO Decision Suggests Traditional “Reasonable Possibility” Prejudice Standard May Be Evolving

It is well established that “[c]ompetitive prejudice is an essential element of every viable protest.” Yet, for decades, the U.S. Government Accountability Office (GAO) has tempered this requirement with two critical corollaries: protesters need only demonstrate a “reasonable possibility” that they were prejudiced by an agency’s actions, and GAO “will resolve doubts regarding prejudice in favor of the protester.” These principles have been consistent features of GAO’s bid protest jurisprudence for more than 30 years. See, e.g., United Int’l Eng'g, Inc., B-245448, Jan. 29, 1992, 71 CPD ¶ 177....