Question 1

What ADA accommodations are required for AI video interviews?

Accepted Answer

Under 42 U.S.C. § 12112 and 29 C.F.R. § 1630.9, employers must provide reasonable accommodations for disabled applicants at every stage of the hiring process, including AI video interviews. Required accommodations may include: real-time captioning for deaf applicants, screen reader compatibility for blind applicants, extended time for cognitive or processing disabilities, written format alternatives to video, and human-reviewed alternatives when AI cannot be adapted.

Question 2

What happened in the HireVue and Intuit EEOC case?

Accepted Answer

In March 2025, the EEOC filed charges stemming from a deaf applicant who requested real-time captioning for a HireVue AI video interview during the Intuit hiring process. HireVue's platform did not support live captioning at the time. Intuit did not offer an alternative assessment format. The EEOC found this constituted a failure to provide a reasonable accommodation under 42 U.S.C. § 12112, establishing that employer ADA obligations apply to AI video interview platforms regardless of vendor capability limitations.

Question 3

Is the vendor responsible for ADA accommodation or is the employer?

Accepted Answer

The employer is responsible. Under 29 C.F.R. § 1630.9, the obligation to provide reasonable accommodations rests with the employer — not the AI vendor. If the vendor's platform cannot support a required accommodation, the employer must offer an alternative assessment method. 'Our vendor doesn't support that' is not a valid defense under ADA Title I. The HireVue/Intuit case made this explicit.

Question 4

What is the ADA interactive process for AI hiring tools?

Accepted Answer

The interactive process under 29 C.F.R. § 1630.9 requires the employer to engage in a good-faith dialogue with the applicant to identify effective accommodations when the applicant discloses a disability-related barrier. For AI hiring tools, this means: (1) acknowledge the request promptly, (2) identify which specific AI tool creates the barrier, (3) consult with the applicant about what accommodation would be effective, (4) evaluate alternatives if the primary accommodation is not possible, and (5) document every step of the process with timestamps.

Question 5

What alternative assessments must employers offer for AI hiring?

Accepted Answer

Under 29 C.F.R. § 1630.2(o), reasonable alternative assessments may include: a written interview format instead of video, a live human-conducted telephone or in-person interview, an extended time assessment version, a format compatible with the applicant's assistive technology, or a completely different assessment type that evaluates the same competencies. The employer must offer an alternative that gives the applicant a meaningful opportunity to demonstrate their qualifications.

Question 6

Do Colorado AI hiring laws add ADA accommodation requirements?

Accepted Answer

Yes. Colorado SB24-205 (Colo. Rev. Stat. § 6-1-1703) requires employers using high-risk AI in hiring to disclose the AI's use and provide opt-out rights. The opt-out right functions similarly to an accommodation — if a candidate cannot use the AI assessment due to a disability, the employer must offer an alternative. Colorado's law adds a state-level layer on top of the federal ADA obligation.

Question 7

What documentation is required for ADA accommodation requests in AI hiring?

Accepted Answer

Every accommodation request should be documented with: the date and form of the request, the nature of the disability-related barrier (not the diagnosis), the accommodation requested, accommodations offered by the employer, the accommodation ultimately provided or the basis for denial, and the timeline of the interactive process. This documentation is required in EEOC investigations and provides the employer's defense in litigation. Undocumented processes are treated as evidence that no interactive process occurred.

Question 8

What ADA penalties apply to AI hiring accommodation failures?

Accepted Answer

ADA Title I compensatory damages are capped by employer size: $50,000 for employers with 15-100 employees, $100,000 for 101-200 employees, $200,000 for 201-500 employees, and $300,000 for 500+ employees. Back pay and front pay are available without caps. Attorney fees are routinely awarded to prevailing plaintiffs. Punitive damages apply for egregious violations. EEOC pattern-or-practice investigations — triggered when a single charge reveals systematic accommodation failures — carry much higher exposure.

Question 9

Does the NYC Human Rights Law add to ADA accommodation requirements?

Accepted Answer

Yes. The NYC Human Rights Law (Admin. Code § 8-107) is broader than ADA in several ways: it applies to employers with 4+ employees (ADA covers 15+), it requires accommodation unless it causes 'undue hardship' with a higher threshold, and it is frequently used in AI hiring cases because it provides more expansive protection and allows for higher damages. NYC employers using AI hiring tools must ensure their accommodation processes satisfy both ADA and NYCHRL obligations.

Question 10

What vendor accommodation checklist should employers use before deploying an AI hiring tool?

Accepted Answer

Before deploying any AI hiring tool, employers should assess: (1) Does the tool support screen reader accessibility? (2) Does it offer captioning or ASL interpretation support? (3) Can extended time be provided within the platform? (4) Does it function with common assistive technology (JAWS, NVDA, VoiceOver)? (5) What alternative assessment formats can the vendor provide? (6) What is the vendor's documented accommodation process for candidates who raise ADA requests? EmployArmor's vendor accommodation checklist covers all these questions.

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