Senate Bill S9028

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9028
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. Section 292 of the executive law is amended by  adding  two
 new subdivisions 43 and 44 to read as follows:
   43.  THE  TERM  "ARTIFICIAL INTELLIGENCE" MEANS A MACHINE-BASED SYSTEM
 THAT, FOR EXPLICIT OR IMPLICIT OBJECTIVES, INFERS,  FROM  THE  INPUT  IT
 RECEIVES,  HOW  TO GENERATE OUTPUTS SUCH AS PREDICTIONS, CONTENT, RECOM-
 MENDATIONS, OR DECISIONS THAT CAN INFLUENCE PHYSICAL OR VIRTUAL ENVIRON-
 MENTS. ARTIFICIAL INTELLIGENCE INCLUDES GENERATIVE  ARTIFICIAL  INTELLI-
 GENCE.
   44.  THE  TERM "GENERATIVE ARTIFICIAL INTELLIGENCE" MEANS AN AUTOMATED
 COMPUTING SYSTEM THAT, WHEN PROMPTED WITH HUMAN  PROMPTS,  DESCRIPTIONS,
 OR  QUERIES,  CAN  PRODUCE OUTPUTS THAT SIMULATE HUMAN-PRODUCED CONTENT,
 INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
   (A) TEXTUAL OUTPUTS, SUCH AS SHORT ANSWERS, ESSAYS, POETRY, OR  LONGER
 COMPOSITIONS OR ANSWERS;
   (B)  IMAGE  OUTPUTS,  SUCH  AS  FINE ART, PHOTOGRAPHS, CONCEPTUAL ART,
 DIAGRAMS, AND OTHER IMAGES;
   (C) MULTIMEDIA OUTPUTS, SUCH AS AUDIO OR VIDEO IN THE FORM OF  COMPOS-
 ITIONS, SONGS, OR SHORT-FORM OR LONG-FORM AUDIO OR VIDEO; AND
   (D) OTHER CONTENT THAT WOULD BE OTHERWISE PRODUCED BY HUMAN MEANS.
   §  2.  Section  296  of  the  executive law is amended by adding a new
 subdivision 23 to read as follows:
   23. (A) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOY-
 ER TO USE 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  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
 
 NATION ON THE BASIS OF AGE, RACE, CREED, COLOR, NATIONAL  ORIGIN,  CITI-
 ZENSHIP  OR  IMMIGRATION  STATUS, SEXUAL ORIENTATION, GENDER IDENTITY OR
 EXPRESSION, MILITARY STATUS, SEX, DISABILITY, PREDISPOSING GENETIC CHAR-
 ACTERISTICS,  FAMILIAL  STATUS, MARITAL STATUS, OR STATUS AS A VICTIM OF
 DOMESTIC VIOLENCE OR TO USE ZIP CODES AS  A  PROXY  FOR  SUCH  PROTECTED
 CLASSES.
   (B) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER TO
 FAIL  TO PROVIDE NOTICE TO AN EMPLOYEE THAT SUCH EMPLOYER IS USING ARTI-
 FICIAL INTELLIGENCE FOR THE PURPOSES DESCRIBED IN PARAGRAPH (A) OF  THIS
 SUBDIVISION.
   (C)  THE  DIVISION  SHALL ADOPT ANY RULES OR REGULATIONS NECESSARY FOR
 THE IMPLEMENTATION AND ENFORCEMENT OF THIS SUBDIVISION,  INCLUDING,  BUT
 NOT  LIMITED  TO, RULES ON THE CIRCUMSTANCES AND CONDITIONS THAT REQUIRE
 NOTICE, THE TIME PERIOD FOR PROVIDING SUCH  NOTICE  AND  THE  MEANS  FOR
 PROVIDING SUCH NOTICE.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.