Short answer: DCWP does not approve independent auditors or publish an approved-auditor list. Independence is a relationship-and-judgment test defined in 6 RCNY §5-300.
The definition is in §5-300 — not §5-301
An independent auditor is a person or group capable of exercising objective and impartial judgment on all issues within the scope of the AEDT bias audit.
Three disqualifying relationships
Under the rule, an auditor is not independent if the auditor:
- is or was involved in using, developing or distributing the AEDT;
- has an employment relationship during the bias audit with the employer/employment agency seeking to use the AEDT or the vendor that developed/distributes it; or
- has a direct financial interest or a material indirect financial interest in the relevant employer, employment agency or vendor during the audit.
DCWP does not certify auditors
The DCWP FAQ expressly states that the law does not require independent auditors to be approved by DCWP. Claims such as “DCWP-approved LL144 auditor” should therefore be treated skeptically unless the regulatory framework changes.
Can a vendor arrange an audit?
Yes. DCWP states that a vendor can have an independent auditor conduct a bias audit of its tool and can coordinate data collection. Covered employers and employment agencies remain responsible for ensuring a bias audit was completed before covered use.
What should a buyer verify?
- Who will actually perform and review the audit?
- Was that auditor involved in using, developing or distributing the AEDT?
- Is there an employment relationship prohibited by the rule?
- Is there a direct or material indirect financial interest that undermines independence?
- Are methodology, data sources and calculation outputs documented?
Lexara's internal independence control
AUDITLL144 is a service of Lexara Advisory LLC. Before accepting an engagement, Lexara performs an engagement-level conflict review against the §5-300 independence criteria. If an existing relationship would make objective and impartial audit judgment untenable under the rule, the audit engagement should not be accepted.
This conflict process is an internal professional control. It is not presented as an additional DCWP rule or as a claim that a separate legal entity is required.
Primary sources: 6 RCNY §5-300 · DCWP FAQ, Independent Auditors / Responsibility for Bias Audits.
Related: Lexara methodology · Audit process.
Verify independence first, then review methodology, deliverables and the exact AEDT/deployment scope before engagement.
Use the independent-auditor checklist Review our methodology Start an independence and scope review
General information only; not legal advice.