The Safeguards and the
New York City Algorithmic Bias Law
BNH.AI's legal opinion
In December 2021, the Data & Trust Alliance announced its first initiative—the Algorithmic Bias Safeguards to detect, mitigate and monitor algorithmic bias in HR tools. Thirteen member companies committed to adopt the safeguard criteria with vendors supporting their HR functions—going beyond the more commonplace endorsement of principles or issuing of a pledge.
The Safeguards anticipated the emergence of regulation—and in July 2023, New York City will begin enforcing a new law requiring businesses to conduct a bias audit of their AI systems used in hiring, including through vendors. BNH.AI, a law firm focused on the liabilities of AI and helping their clients audit and manage AI risk, has evaluated the Safeguards in light of the new law, concluding:
“Use of the Safeguards...will prepare the hiring company with an effective and defensible way to demonstrate responsible leadership and to position those companies for the coming compliance demands.”
The Data & Trust Alliance, established in September 2020, brings together leading businesses and institutions across multiple industries to learn, develop, and adopt responsible data and AI practices.
Burt and Hall LLP is a limited liability partnership that practices law under the name BNH.AI, with primary offices in the District of Columbia.