Your recruiting team is already using AI to screen resumes, score candidates, and schedule interviews. The question is whether those tools create disparate impact liability every time they run. I help HR teams audit their AI pipeline and get compliant before enforcement finds them.
AI is transforming recruiting — but most HR teams are adopting tools without checking whether they create discrimination liability.
"Does our AI resume screener discriminate?" — Most AI screening tools are trained on historical hiring data. If your past hiring was biased, your AI is now automating that bias at scale. EEOC treats this as disparate impact under Title VII.
"Do we need a bias audit for our hiring AI?" — If you hire in NYC, yes. Local Law 144 requires annual independent bias audits for any automated employment decision tool. Non-compliance is $1,500 per violation — per use.
"Our AI vendor says their tool is compliant. Is it?" — Vendor compliance claims don't transfer liability. Under EEOC guidance, the employer is responsible for ensuring AI hiring tools don't discriminate — regardless of what the vendor promises.
"We use AI for video interviews. Do candidates need to consent?" — In Illinois, yes. The AI Video Interview Act requires notice, explanation, and consent before using AI to analyze video interviews. Other states are following.
Federal and state regulations create clear obligations for HR teams using AI in hiring. Here's what you need to know.
EEOC issued guidance making clear that AI tools used in hiring are subject to Title VII disparate impact analysis. Employers must validate AI tools for bias, even if the tool is provided by a third-party vendor. The employer bears the liability.
Requires annual independent bias audits for automated employment decision tools used in NYC hiring. Employers must publish audit results on their website and provide 10 business days written notice to candidates before AEDT use. Penalties up to $1,500 per violation.
Employers using AI to analyze video interviews must notify candidates that AI is being used, explain how the AI works, and obtain written consent before the interview. Applies to any employer conducting video interviews with Illinois candidates.
FTC has signaled that deceptive AI practices in hiring — including undisclosed use of AI scoring, biased algorithms, and misleading claims about AI tool accuracy — can constitute unfair or deceptive trade practices under Section 5.
AI hiring tools must accommodate candidates with disabilities. If an AI assessment disadvantages candidates with disabilities, employers must provide alternative assessment methods. EEOC has specifically flagged AI-based assessments as an accommodation risk area.
California requires businesses using automated decision systems in hiring to perform impact assessments, provide notice to affected individuals, and allow human override. Covers resume screening, candidate scoring, and automated interview analysis.
EEOC sued tutoring company for using AI that automatically rejected applicants over age 55 and women over 55. Settled for $365,000 — establishing that AI hiring discrimination triggers Title VII liability.
NYC Department of Consumer and Worker Protection began issuing violations to employers using automated hiring tools without required bias audits or candidate notice. Multiple penalties issued.
AI video interview platform faced regulatory scrutiny over facial analysis claims. Case highlighted that vendors and employers share liability for AI hiring tool compliance.
I don't sell AI hiring tools. I help you audit the ones you have, fix compliance gaps, and choose tools that won't create liability.
I evaluate every AI tool in your recruiting pipeline — resume screeners, candidate scoring platforms, video interview analyzers, chatbots — against EEOC guidance, LL144, and state-specific requirements.
I coordinate independent bias audits required by NYC LL144, help you interpret results, implement remediation for identified disparities, and ensure proper publication of audit summaries.
Not all AI hiring tools are equal. I help you choose platforms with built-in bias testing, proper documentation, and compliance features — or identify where manual review processes are needed.
Written AI hiring policies covering candidate notice requirements, consent procedures, accommodation protocols, and internal oversight — satisfying federal, state, and local requirements.
30 minutes. We'll review your current AI tools and identify compliance gaps specific to your practice.
Book a Strategy Call25 questions to assess whether your AI hiring tools create discrimination liability — and what to do about it. Score your compliance in under 10 minutes.