AI Hiring Laws Recruiters Need to Know

Start by mapping the hiring workflow: sourcing, resume ranking, interview analysis, scheduling, assessment, and final selection may use different tools and data. Identify where the employer and candidates are located, what the system does, and whether it influences an employment decision. A chatbot that shares process information is not necessarily the same as a score used to rank applicants. In the United States, existing anti-discrimination and disability requirements can apply when software or AI is used. The EEOC’s ADA resource discusses software and algorithmic tools that assess applicants and employees. Some local rules add requirements for particular automated employment decision tools. New York City’s Department of Consumer and Worker Protection publishes information on Local Law 144, including bias-audit and notice conditions for covered tools. Illinois’s Artificial Intelligence Video Interview Act addresses an employer that asks applicants to submit recorded video interviews and uses AI analysis of those videos to consider applicants’ fitness for positions based in Illinois; the law sets requirements before the interview, including notice, information, and consent. These examples differ in scope and do not create one national rule. The EU AI Act also classifies certain employment and worker-management uses as high-risk, subject to its scope and phased application. Do not rely on a summary from a provider or an old checklist to decide coverage. Track issuing authority, effective date, definitions, exceptions, and the exact tool use. Preserve the assessment, notices, audit materials where required, human review, and complaint route. For a real compliance decision, counsel should review current law in each relevant jurisdiction. A good operational control is to reassess when the system or purpose changes.