S 9028: Prohibits employers from engaging in discrimination on the basis of a protected class when using artificial intelligence for recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or the terms, privileges, or conditions of employment.

  
  STATE OF NEW YORK ________________________________________________________________________ 9028  IN SENATE January 23, 2026 ___________ Introduced by Sen. WEIK -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the executive law, in relation to prohibiting employers from engaging in discrimination on the basis of a protected class when using artificial intelligence in certain employment practices The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 292 of the executive law is amended by adding two 2 new subdivisions 43 and 44 to read as follows: 3 43. The term "artificial intelligence" means a machine-based system 4 that, for explicit or implicit objectives, infers, from the input it 5 receives, how to generate outputs such as predictions, content, recom- 6 mendations, or decisions that can influence physical or virtual environ- 7 ments. Artificial intelligence includes generative artificial intelli- 8 gence. 9 44. The term "generative artificial intelligence" means an automated 10 computing system that, when prompted with human prompts, descriptions, 11 or queries, can produce outputs that simulate human-produced content, 12 including, but not limited to, the following: 13 (a) textual outputs, such as short answers, essays, poetry, or longer 14 compositions or answers; 15 (b) image outputs, such as fine art, photographs, conceptual art, 16 diagrams, and other images; 17 (c) multimedia outputs, such as audio or video in the form of compos- 18 itions, songs, or short-form or long-form audio or video; and 19 (d) other content that would be otherwise produced by human means. 20 § 2. Section 296 of the executive law is amended by adding a new 21 subdivision 23 to read as follows: 22 23. (a) It shall be an unlawful discriminatory practice for an employ- 23 er to use artificial intelligence for recruitment, hiring, promotion, 24 renewal of employment, selection for training or apprenticeship, 25 discharge, discipline, tenure, or the terms, privileges, or conditions 26 of employment that has the effect of subjecting employees to discrimi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14330-01-6 
 S. 9028 2 1 nation on the basis of age, race, creed, color, national origin, citi- 2 zenship or immigration status, sexual orientation, gender identity or 3 expression, military status, sex, disability, predisposing genetic char- 4 acteristics, familial status, marital status, or status as a victim of 5 domestic violence or to use zip codes as a proxy for such protected 6 classes. 7 (b) It shall be an unlawful discriminatory practice for an employer to 8 fail to provide notice to an employee that such employer is using arti- 9 ficial intelligence for the purposes described in paragraph (a) of this 10 subdivision. 11 (c) The division shall adopt any rules or regulations necessary for 12 the implementation and enforcement of this subdivision, including, but 13 not limited to, rules on the circumstances and conditions that require 14 notice, the time period for providing such notice and the means for 15 providing such notice. 16 § 3. This act shall take effect on the one hundred eightieth day after 17 it shall have become a law.