Public Disclosure: Publishing Your Audit

Last reviewed: July 2026

The 5% problem. As of April 2026, only approximately 5% of NYC employers using AI hiring tools have publicly posted the required bias audit results. The remaining 95% are exposed to DCWP enforcement.
Source: Cornell / HR Brew compliance estimates, April 2026

Where to Post

The audit summary must be posted on a publicly accessible page of your website. This means:

  • No login walls or paywalls
  • No buried links — must be reasonably discoverable
  • Accessible to anyone with the URL
  • Available 24/7 (no temporary takedowns)

Recommended locations: Careers page, “Compliance” or “Transparency” page, or a dedicated “AI Hiring Disclosure” page linked from your footer.

What to Include

The published summary must include:

  1. Auditor name and credentials — Who conducted the audit
  2. Date of the audit — When it was completed
  3. Selection rates — By sex, race/ethnicity, and intersectional categories
  4. Impact ratios — For each category, compared to the highest-selected group
  5. Flagged categories — Any where the impact ratio fell below 0.80

Source: NYC Admin Code § 20-872; DCWP Final Rules § 5-303

How Long to Keep It Published

The summary must remain publicly available for at least 6 months after the audit expires. Since audits are valid for 12 months, the summary should stay published for approximately 18 months total (12 months of validity + 6 months post-expiration).

Why 95% Haven't Complied

  • Unawareness — Many employers don't know LL144 exists or applies to them
  • Vendor confusion — Employers assume the vendor handles disclosure (they don't)
  • Cost barrier — Bias audits cost $5K–$30K, and some employers delay
  • Embarrassment — Employers fear publishing results that show bias
  • No proactive enforcement (until now) — DCWP was complaint-driven until January 2026

Key insight: Having an audit that finds bias is better than having no audit. The law requires you to conduct the audit and publish the results — it does not require the results to show no bias. Publishing results with flagged categories and a remediation plan demonstrates good faith compliance.

What Happens If You Don't Publish?

Missing public disclosure is a separate violation stream from missing the audit itself. Even if you've conducted a bias audit, failing to publish the summary carries the same per-day penalty: $500 (first offense) or $1,500 (subsequent offense).

With DCWP's shift to proactive investigations in January 2026, enforcement agents can simply visit your website to check for compliance. No complaint is needed.

Sources: NYC Admin Code § 20-872; DCWP Final Rules § 5-303; Cornell / HR Brew compliance estimates (April 2026).

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

Get Enforcement Updates

Monthly email with new enforcement actions, regulatory changes, and compliance deadlines. No spam, unsubscribe anytime.

Free. No spam. Unsubscribe anytime. We never share your email.