Candidate Notice Requirements

Last reviewed: July 2026

The 10-Business-Day Rule

Under NYC LL144, you must notify each candidate at least 10 business days before the AEDT is used to evaluate them. This is not 10 calendar days — weekends and holidays do not count.

Real case: A healthcare system with 5,000 employees paid $175,000 for sending candidate notices only 3 days before screening — 7 days short of the requirement. “Close enough” does not count in compliance.

What the Notice Must Include

  1. Statement of AEDT use — Clear statement that an automated employment decision tool will be used to evaluate the candidate
  2. Job categories — The specific job categories for which the AEDT will be used
  3. Alternative process instructions — How to request an alternative selection process or reasonable accommodation

Source: NYC Admin Code § 20-871(b); DCWP Final Rules § 5-302

Acceptable Delivery Methods

Website Posting

Posted on careers page or job listing — must be visible before candidate applies

In the Job Posting

AI disclosure included directly in the job description

Email Notification

Emailed to candidate at least 10 business days before AEDT use

Written Notice During Application

Provided in writing during the application process, before AEDT evaluation

Common Mistakes

  • Counting calendar days instead of business days — 10 calendar days is only ~7 business days
  • Burying the notice in fine print — The notice must be conspicuous and understandable
  • Not including alternative process instructions — All three elements are required
  • Posting after candidates apply — Notice must come before AEDT use, not after
  • Assuming vendor handles notice — The employer is responsible, not the vendor

Sample Notice Language

“[Company Name] uses automated employment decision tools (AEDTs) to assist in the evaluation of candidates for [job categories]. If you would like to request an alternative selection process or a reasonable accommodation, please contact [email/phone] at least 10 business days before the screening date.”

This is sample language only. Consult legal counsel to adapt it to your specific situation.

Sources: NYC Admin Code § 20-871(b); DCWP Final Rules § 5-302.

Disclaimer: This guide provides general information, not legal advice.

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