The prior internal-population assumption no longer: Which assumption must be revisited?
The shift to external applicants invalidates the assumption that an internal-employee audit represents the covered population.
The question
A New York City employer used a covered automated employment decision tool only for internal promotions, then began screening external applicants. The tool and both uses are covered by NYC Local Law 144. Its prior bias-audit plan represented only internal employees. Which assumption must be revisited?
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- Public notice requirements apply only after the tool’s model changes.NYC notice and public-summary duties concern covered use, so changing applicants can matter without changing the underlying model.
- The prior internal-population assumption no longer supports the audit’s coverage analysis. ✓External applicants are a different affected population, so the prior audit assumptions may not represent current covered employment selection effects.
- The tool’s technical accuracy is the only changed assumption.Changing from internal promotions to external screening changes the affected population and discrimination analysis, not merely technical accuracy.
- A federal approval determination replaces the municipal coverage analysis.NYC Local Law 144 is a municipal rule; no federal AI approval scheme substitutes for its covered-use analysis.
The trap
Recheck affected populations whenever a covered employment tool moves between internal and external selection. How to remember it
The shift to external applicants invalidates the assumption that an internal-employee audit represents the covered population.
How many of these would you get right?
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