What Counts as an AEDT?
Last reviewed: July 2026
The Statutory Definition
NYC Local Law 144 defines an Automated Employment Decision Tool (AEDT) as any computational process derived from machine learning, artificial intelligence, statistical modeling, data analytics, or similar processing that:
- Simplifies or replaces human discretion in hiring or promotion decisions
- Generates predictions, scores, or classifications about job candidates
- Is used to substantially assist in hiring or promotion decisions
Source: NYC Admin Code § 20-870(1)
What “Substantially Assist” Means
DCWP's Final Rules clarify that a tool “substantially assists” a decision when it:
- Relies on the tool's output as a primary factor in the decision
- Uses the tool to filter, rank, or select candidates before human review
- Overlays the tool's recommendation on human judgment in a way that overrides it
A tool does not substantially assist if a human independently reviews every candidate and the tool's output is merely informational. However, rubber-stamping AI recommendations does not count as meaningful human review.
Examples: Covered vs. Not Covered
| Tool | Covered? | Why |
|---|---|---|
| AI resume screening (ranking/scoring) | Yes | Uses ML to score and rank candidates — core AEDT |
| AI-powered video interview analysis | Yes | Uses ML to analyze facial expressions, tone, or responses |
| Personality assessment with automated scoring | Yes | Statistical modeling generates predictions about candidates |
| Skills assessment with AI scoring | Yes | AI evaluates and scores candidate responses |
| Chatbot for initial candidate screening | Yes | AI filters candidates based on responses |
| ATS with AI-powered candidate matching | Yes | ML matches candidates to job requirements |
| Basic keyword search in ATS | No | Explicitly excluded under DCWP rules — basic search only |
| Calendar scheduling tool | No | Explicitly excluded — scheduling only, no decision-making |
| Spell-check on resumes | No | Explicitly excluded — formatting only |
| ATS with manual review only (no ML/AI) | No | No automated prediction, scoring, or classification |
The DCWP Exclusions
DCWP's Final Rules explicitly exclude three types of tools from the AEDT definition:
- Basic keyword search — Searching resumes for specific terms without scoring or ranking
- Spell-check and formatting — Correcting spelling or formatting resumes
- Calendar scheduling — Scheduling interviews without evaluating candidates
Source: DCWP Final Rules § 5-300
Sources: NYC Admin Code § 20-870(1); DCWP Final Rules § 5-300 (68 RCNY Chapter 5).
Disclaimer: This guide provides general information, not legal advice.