NYC Local Law 144 Bias Audit Results

confidence: high · 2 sources

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Working research — not a recommendation.

This page records what the evidence says a policy does, not what anyone should do about it. It has been synthesized from the cited sources but has not been independently reviewed.

What the evidence says

Local Law 144 requires bias audits of automated hiring tools, and the sources here describe what those audits contain and what they leave out. The evidence is descriptive. It covers the text of the law and a set of published reports. It does not measure whether audits change hiring outcomes.

The law sets the audit's scope narrowly. It requires one fairness metric, the ratio of selection rates between protected categories. It also lets an independent auditor exclude any category that is less than 2% of the audit data from the required calculations. One source reads this as systematically excluding American Indian, Alaska Native, Native Hawaiian, Pacific Islander, Two or more race, and Some Other Races groups, along with intersectional groups. Under the law's design, a group's small share of the data removes it from the required calculation.

The law also leaves the audit's inputs open. It does not specify data requirements, so an auditor may use any dataset, from anywhere, for any time range. The authors saw population breakdowns in published audits that lead them to believe the data may not be from NYC. That is an inference from breakdowns, not a count of audits using non-NYC data.

Published results show ratios above the 0.8 benchmark used in federal employment discrimination law in nearly all cases. Of 386 measurements, nine fell below 0.8, and 96% were above it. The sources give two reasons to read that figure with care. The law relies on the 80/20 rule but does not enforce it, so an audit can find a model outside the range with no action required. And the study authors saw one employer that may have withheld an audit report. The archived copy of that report shows ratios below 0.8 in two demographic areas. The authors cannot confirm why it was unpublished. The published set may therefore leave out the least favorable results.

The reports are also hard for job seekers to use. In the study's qualitative review of 13 unique reports, none included enough explanation to inform a job seeker or guide a decision to opt out of applying. Reports were mostly PDF data tables of scoring rate, selection rate, and ratio by sex and race/ethnicity, with minimal explanation. That judgment came from the authors and trained student investigators. It is not a quantitative measure of comprehension.

Nothing on this page measures downstream outcomes, such as changes in who is hired, whether employers change tools after an audit, or how many covered employers publish at all.

Where the evidence splits

No contradictions in the current sources.

Thresholds and dose-response

Two cutoffs appear in the sources, both set by the law rather than found in outcome data.

No source shows an outcome change at either cutoff. Otherwise, no threshold is established in the current sources.

Open empirical questions

Findings

Local Law 144 decreases the coverage of small demographic groups in audit calculations.

confidence — direction: highconfidence — magnitude: highconsensus: thin — one source, resting on the explicit text of the law.
mechanism
The law lets an independent auditor exclude any category under 2% of the audit data from the required ratio calculations. Small groups and their intersections can therefore be left out.
effect
Groups named in the source (American Indian, Alaska Native, Native Hawaiian, Pacific Islander, Two or more race, Some Other Races, and intersectional groups) can be excluded. No count of audits that used the exclusion is given.
conditions / moderators
Applies where a category is under 2% of the data used for the audit. The exclusion is permitted, not required.

The law requires one metric and no enforcement action, which leaves audit results without a required consequence.

confidence — direction: highconfidence — magnitude: highconsensus: thin — one source, leaning toward a narrow requirement with no enforcement.
mechanism
The law requires only the selection-rate ratio between protected categories. It relies on the 80/20 rule but does not enforce it.
effect
An audit can find a model performing outside the 80/20 range and no action would be taken. No effect size applies.
conditions / moderators
Based on the law's text and observed audit practice. Other fairness metrics are not required.

The law's silence on data requirements produces audits built on datasets of varying origin and period.

confidence — direction: highconfidence — magnitude: mediumconsensus: thin — one source.
mechanism
The law does not specify data requirements, so auditors may use any dataset, from anywhere, for any time range.
effect
Audit data can differ in geography and time period. The authors believe some published audits use non-NYC data, based on population breakdowns. No count is given.
conditions / moderators
Based on observed population breakdowns, not confirmed data provenance.

Published audit reports show ratios above 0.8 in nearly all measurements, with possible selective publication.

confidence — direction: highconfidence — magnitude: high for the published count, medium for the withheld reportconsensus: thin — one descriptive study.
mechanism
Employers post audit reports. The study found at least one employer that may have withheld a report with ratios below 0.8. Selective posting could raise the share of favorable results among published reports.
effect
Of 386 measurements, nine were below 0.8 and 96% were above it. One unpublished, archived report showed ratios below 0.8 in two demographic areas.
conditions / moderators
Covers published reports only. The authors cannot confirm why the report was unpublished. They speculate that legal liability concerns played a role.

Published audit reports include too little explanation for job seekers to make informed decisions.

confidence — direction: highconfidence — magnitude: mediumconsensus: thin — one qualitative study.
mechanism
Reports are mostly PDF data tables of scoring rate, selection rate, and ratio by sex and race/ethnicity, with minimal explanation.
effect
None of the 13 unique reports reviewed included enough explanation to inform job seekers or guide a decision to opt out. No measured effect on job seeker behavior.
conditions / moderators
Rests on the judgment of trained student investigators and the authors. There is no quantitative comprehension measure.