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OTI submitted testimony to the New York City Council Committee on Technology for its November 13, 2020 hearing on “Ethical Implications of Using Artificial Intelligence and Automated Decision Systems” related to automated hiring tools, and specifically on “The Fair Shot Act” legislation under consideration. Fair and unbiased hiring practices are critical to ensuring equal opportunity in our society, and are now more important than ever in the wake of the coronavirus pandemic, which has further exacerbated long-standing employment disparities. Accordingly, OTI commended the Committee for considering regulation of increasingly prevalent automated employment tools, which can be dangerous and lead to employment discrimination if left unchecked, but advised that The Fair Shot Act is insufficient to achieve this goal, as it would set up an ineffective auditing regime. 

OTI urged the Committee to consider amendments or alternative legislation to mitigate algorithmic bias in automated employment systems, pointing to the  that OTI and 25 other tech and civil rights organizations released this past July as a guide to employers and policymakers in the development, use, and auditing of hiring assessment technologies. These principles make clear that in order to prevent employment discrimination, hiring assessment technologies must be explainable, job-related, and audited.

For these reasons, we urge the Council to amend or otherwise reconsider moving forward with Int. 1894. As written, the legislation fails to achieve its laudable goals of mitigating bias in employment decisions, and will likely have little effect. Fair and unbiased hiring practices are critical to ensuring equality in our society, as employment opportunities lead to long-term economic opportunity. The coronavirus pandemic has further exacerbated long-standing employment disparities, as Black, Latinx, Asian-American, Native American, women, and people with disabilities have faced higher unemployment rates, making fair hiring practices now more important than ever. OTI therefore appreciates the Committee’s interest in fair hiring practices, and would welcome the opportunity to work with the Committee on amendments or alternative legislation, as algorithmic bias in automated employment systems should be addressed with robust legislation and a meaningful regulatory regime.