Candidate Notice Under Local Law 144: What It Actually Requires, and What It Doesn't

Summary: Local Law 144 requires employers to notify candidates at least 10 business days before an AEDT is used to evaluate them, under 6 RCNY section 5-303. The notice has specific required content. What it does not do, despite how often this gets misreported, is guarantee candidates a right to an AEDT-free alternative. DCWP's own rule says plainly that nothing in the law requires an employer to provide an alternative selection process.

The 10-business-day requirement

Written notice must reach candidates and employees who reside in New York City at least 10 business days before the AEDT is used to evaluate them. This is a per-candidate obligation tied to when the tool is actually used on that person, not a one-time website disclaimer posted at some point in the past.

What the notice must contain

Four elements, under the Final Rule and DCWP's FAQ guidance.

1. That an AEDT will be used. The notice must identify the tool and state that an automated tool will assess the candidate.
2. The job qualifications and characteristics assessed. What the tool is evaluating, described in terms a candidate can understand.
3. How to request an alternative selection process or accommodation. Instructions for making the request, not a guarantee of the outcome.
4. Data type, source, and retention information. If this is not already disclosed on the employer's website, it must be made available within 30 days of a written request.

The misconception that keeps tripping employers up

The notice tells candidates they may request an alternative selection process. The law does not require the employer to provide one. DCWP's rule states this directly: nothing in the subchapter requires an employer or employment agency to provide an alternative selection process.

This gets misreported constantly, usually as a claim that Local Law 144 grants candidates a right to human-only review, or a broader data-access right modeled on GDPR. It does not. Those rights, where they exist, come from other statutes, not from this one.

The "accommodation" half of the notice is doing real work, though. Other laws, principally the ADA, can separately require a reasonable accommodation regardless of what Local Law 144 itself mandates. The notice's job is to point candidates toward that request process, not to create a freestanding right to opt out of automation.

Where the notice can live

The Final Rule accommodates how modern hiring actually works. Notice can be provided by placing it in the job posting or on a clearly identified AEDT-notice section of the employer's careers page, at least 10 business days before use. Individualized email or postal notice will also satisfy the requirement, but is not required where the website notice is reasonably accessible.

The notice does not need to be position-specific. For candidates being evaluated for promotion, notice can be given through a written policy or procedure, such as an employee handbook or privacy policy, rather than a fresh notice per role.

Building this into your process

1. Add AEDT-notice language directly to affected job postings, not just a buried site-wide disclaimer.
2. State plainly which tool is in use and what it assesses, in language a candidate outside your company could understand.
3. Publish clear instructions for requesting an alternative process or accommodation, including who to contact and how.
4. Have your data type, source, and retention information ready to produce within 30 days of a request, even if it is not proactively published.
5. Automate the trigger. A manual notice process is the piece most likely to slip under hiring pressure, and a missed notice is counted as a violation in its own right.

Frequently asked questions

Are we required to offer candidates a human-only alternative if they ask? No. Local Law 144 requires you to tell candidates they may ask, and to have a process for the request. It does not obligate you to grant an AEDT-free path. Other laws, like the ADA, may separately require accommodation depending on the circumstances.

Can notice be given through a general job posting rather than an individual message? Yes. Placing AEDT-notice content in the job posting or on a clearly identified section of your careers page, at least 10 business days before use, satisfies the requirement. Individual email is not required if the website notice is reasonably accessible.

Does the notice need to be different for every role? No. It does not need to be position-specific, and for promotion candidates it can be handled through a standing written policy rather than a per-role notice.

What happens if we cannot provide the data source and retention information immediately? You have 30 days from a written request to provide it, if it is not already disclosed on your website.

Is 10 business days the same as 10 calendar days? No. The rule specifies business days, which typically means the effective notice window is closer to two calendar weeks depending on weekends.