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§ 5-301 Bias Audit.
   (a)   An employer or employment agency may not use or continue to use an AEDT if more than one year has passed since the most recent bias audit of the AEDT.
   (b)   Where an AEDT selects candidates for employment or employees being considered for promotion to move forward in the hiring process or classifies them into groups, a bias audit must, at a minimum:
      (1)   Calculate the selection rate for each category;
      (2)   Calculate the impact ratio for each category;
      (3)   Ensure that the calculations required in paragraphs (1) and (2) of this subdivision separately calculate the impact of the AEDT on:
         i.   Sex categories (e.g., impact ratio for selection of male candidates vs female candidates),
         ii.   Race/Ethnicity categories (e.g., impact ratio for selection of Hispanic or Latino candidates vs Black or African American [Not Hispanic or Latino] candidates), and
         iii.   intersectional categories of sex, ethnicity, and race (e.g., impact ratio for selection of Hispanic or Latino male candidates vs. Not Hispanic or Latino Black or African American female candidates).
      (4)   Ensure that the calculations in paragraphs (1), (2), and (3) of this subdivision are performed for each group, if an AEDT classifies candidates for employment or employees being considered for promotion into specified groups (e.g., leadership styles); and
      (5)   Indicate the number of individuals the AEDT assessed that are not included in the required calculations because they fall within an unknown category.
Example: An employer wants to use an AEDT to screen resumes and schedule interviews for a job posting. To do so, the employer must ensure that a bias audit of the AEDT was conducted no more than a year before the planned use of the AEDT. This bias audit is necessary even though the employer is not using the AEDT to make the final hiring decision, but only to screen at an early point in the application process. The employer asks the vendor for a bias audit. The vendor provides historical data regarding applicant selection that the vendor has collected from multiple employers to an independent auditor who will conduct a bias audit as follows:
 
Sex Categories
 
# of Applicants
# Selected
Selection Rate
Impact Ratio
Male
1390
667
48%
1.00
Female
1181
555
47%
0.979
 
Race/Ethnicity Categories
# of Applicants
# Selected
Selection Rate
Impact Ratio
Race/Ethnicity Categories
# of Applicants
# Selected
Selection Rate
Impact Ratio
Hispanic or Latino
408
204
50%
0.97
White (Not Hispanic or Latino)
797
412
52%
1.00
Black or African American (Not Hispanic or Latino)
390
170
44%
0.84
Native Hawaiian or Pacific Islander (Not Hispanic or Latino)
119
52
44%
0.85
Asian (Not Hispanic or Latino)
616
302
49%
0.95
Native American or Alaska Native (Not Hispanic or Latino)
41
18
44%
0.85
Two or More Races (Not Hispanic or Latino)
213
96
45%
0.87
 
Intersectional Categories
# of Applicants
# Selected
Selection Rate
Impact Ratio
Intersectional Categories
# of Applicants
# Selected
Selection Rate
Impact Ratio
Hispanic or Latino
Male
205
90
43.9%
0.841
Female
190
82
0.827
43.2%
Non/Hispanic or Latino
Male
White
412
215
52.2%
1.000
Black or African American
226
95
42.0%
0.806
Native Hawaiian or Pacific Islander
87
37
42.5%
0.815
Asian
321
167
52.0%
0.997
Native American or Alaska Native
24
11
45.8%
0.878
Two or More Races
115
52
45.2%
0.866
Female
White
385
197
51.2%
0.981
Black or African American
164
75
45.7%
0.876
Native Hawaiian or Pacific Islander
32
15
46.9%
0.898
Asian
295
135
45.8%
0.877
Native American or Alaska Native
17
7
41.2%
0.789
Two or More Races
98
44
44.9%
0.860
 
Note: The AEDT was also used to assess 250 individuals with an unknown sex or race/ethnicity category. Data on those individuals was not included in the calculations above.
   (c)   Where an AEDT scores candidates for employment or employees being considered for promotion, a bias audit must, at a minimum:
      (1)   Calculate the median score for the full sample of applicants;
      (2)   Calculate the scoring rate for individuals in each category;
      (3)   Calculate the impact ratio for each category;
      (4)   Ensure that the calculations required in paragraphs (1), (2), and (3) of this subdivision separately calculate the impact of the AEDT on:
         i.   Sex categories (i.e., impact ratio for selection of male candidates vs female candidates),
         ii.   Race/Ethnicity categories (e.g., impact ratio for selection of Hispanic or Latino candidates vs Black or African American [Not Hispanic or Latino] candidates), and
         iii.   intersectional categories of sex, ethnicity, and race (e.g., impact ratio for selection of Hispanic or Latino male candidates vs. Not Hispanic or Latino Black or African American female candidates); and
      (5)   Indicate the number of individuals the AEDT assessed that are not included in the required calculations because they fall within an unknown category.
   (d)   Notwithstanding the requirements of paragraphs (2) and (3) of subdivision (b) and paragraphs (3) and (4) of subdivision (c), an independent auditor may exclude a category that represents less than 2% of the data being used for the bias audit from the required calculations for impact ratio. Where such a category is excluded, the summary of results must include the independent auditor's justification for the exclusion, as well as the number of applicants and scoring rate or selection rate for the excluded category.
Example: An employer uses an AEDT to score applicants for "culture fit." To do so, the employer must ensure that a bias audit of the AEDT was conducted no more than a year before the use of the AEDT. The employer provides historical data on "culture fit" score of applicants for each category to an independent auditor to conduct a bias audit as follows:
 
Sex Categories
 
# of Applicants
Scoring Rate
Impact Ratio
Male
92
54.3%
1.00
Female
76
44.7%
0.82
 
Race/Ethnicity Categories
 
# of Applicants
Scoring Rate
Impact Ratio
Race/Ethnicity Categories
 
# of Applicants
Scoring Rate
Impact Ratio
Hispanic or Latino
28
64.2%
1.00
White (Not Hispanic or Latino)
40
37.5%
0.58
Black or African American (Not Hispanic or Latino)
32
50.0%
0.78
Native Hawaiian or Pacific Islander (Not Hispanic or Latino)
8
62.5%
0.97
Asian (Not Hispanic or Latino)
24
41.7%
0.65
Native American or Alaska Native (Not Hispanic or Latino)
16
62.5%
0.97
Two or More Races (Not Hispanic or Latino)
20
50.0%
0.78
Intersectional Categories
# of Applicants
Scoring Rate
Impact Ratio
Intersectional Categories
# of Applicants
Scoring Rate
Impact Ratio
Hispanic or Latino
Male
16
75%
1.00
Female
12
50%
0.67
Non/Hispanic or Latino
Male
White
20
35%
0.47
Black or African American
20
50%
0.67
Native Hawaiian or Pacific Islander
4
75%
1.00
Asian
12
58.3%
0.78
Native American or Alaska Native
8
62.5
0.83
Two or More Races
12
50%
0.67
Female
White
20
40%
0.53
Black or African American
12
50%
.67
Native Hawaiian or Pacific Islander
4
50%
0.67
Asian
12
25%
0.33
Native American or Alaska Native
8
62.5%
0.83
Two or More Races
8
50%
0.67
 
Note: The AEDT was used to assess 15 individuals with an unknown sex or race/ethnicity category. Data on these individuals was not included in the calculations above.
(Added City Record 4/6/2023, eff. 5/6/2023)
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