A recruiter found me with AI: do NYC application rules already apply?

What the July 2023 guidance clarifies

Littler’s July 2023 analysis distinguishes using a tool to search a résumé bank or invite an application from assessing a candidate who has applied for a specific role. It also highlights geographical scope. The city describes bias-audit, public-information and notice duties for covered tools. Not every use of AI is an AEDT covered by Local Law 144, and meeting procedural duties does not guarantee a successful application.

Which facts should you establish first?

To determine whether Local Law 144 applies to your situation, you need to record several facts. First, note whether you actually submitted an application for a specific role, and keep the role identifier or job posting. Second, identify the actual work location or the office associated with the role, especially if the job is remote or hybrid. Third, determine at which stage the automated tool was used—was it to screen your application, or merely to find your résumé in a database and invite you to apply? A recruiter mentioning "AI" does not by itself identify the legally covered function. Save any notices you received about the tool, and any audit information the employer or agency provides. Do not treat a missing reply to your application as a notice violation; the law's notice obligations attach only when a covered AEDT is used to assess an applicant for a specific position.

A hypothetical example to illustrate the distinction

Suppose a recruiter uses an automated search to find your profile, then invites you to apply. Later you submit the required application and complete an automated assessment. Record those two stages separately: database outreach is not the same as evaluation of your application. To check coverage, also establish what the tool actually does, the role’s location or associated office, and whether an employer or agency used it. The word “automated” alone does not establish the legal definition.

How to ask a process question

If you are unsure whether a covered AEDT was used, ask a specific process question. For example: "Which automated assessment tool was used to evaluate my application for the [role] position, and at what stage was it applied?" If the role is remote, ask: "Which office is this remote position associated with?" Keep your records clear about whether you are dealing with the employer directly or with an employment agency, because the agency's location can affect the scope analysis. Do not assume that a recruiter's mention of AI means the law applies; the tool must be used to assess an applicant for a specific position, not merely to search a database or invite applications.

Choose the correct issue and route

The guidance distinguishes between suspected violations of the audit and notice requirements, which are reported to the DCWP, and actual discrimination complaints, which are referred to the NYC Commission on Human Rights. If you believe an employer or agency failed to conduct a bias audit or provide required notices, you can report that suspected violation to the DCWP. If you believe you were discriminated against in hiring, that is a separate complaint under human rights law. Describe which issue you are raising, and include the notice, date, and role identifier. Consult the city agency about the relevant route and any deadlines; do not assume that a local procedural complaint automatically proves federal discrimination. The two routes are distinct, and each has its own process.

What to do if the issue remains unresolved

If you have gathered the facts, asked the process question, and still cannot determine whether Local Law 144 applies, you may need to consult a specialist. Bring your records—the job posting, your application, any notices about the tool, and any correspondence with the employer or agency—and ask the specialist to assess whether the tool was used to evaluate your application for a specific NYC-based position. If you believe the issue involves a discrimination complaint, you may also contact the NYC Commission on Human Rights directly. Record response dates and any applicable notice deadlines; asking a question does not itself establish or pause a filing period.

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