Question 1

What must employers disclose to candidates about AI hiring tools?

Accepted Answer

Employers must tell candidates that an AI tool will be used to evaluate them, what the tool does, what data it collects, how its output influences hiring decisions, and what characteristics or traits it analyzes. A general statement that technology is used in the hiring process does not satisfy the specific requirements of NYC Local Law 144, Illinois AIVIA, or Colorado SB24-205.

Question 2

How much advance notice does NYC Local Law 144 require?

Accepted Answer

NYC Local Law 144 requires employers to provide written notice to candidates at least 10 business days before an automated employment decision tool (AEDT) is used to evaluate them. The notice must explain that an AEDT will be used, the type of data it collects, and how its results are used in the hiring process. Notices sent the day before the interview or embedded in the original job application do not satisfy the 10 business day requirement.

Question 3

What does Illinois AIVIA require for candidate disclosure?

Accepted Answer

Illinois AI Video Interview Act (AIVIA) requires employers to notify candidates before conducting an AI-analyzed video interview that AI will be used, what the AI will evaluate, and how the AI analysis will be considered in the hiring decision. Employers must obtain the candidate's affirmative consent before proceeding. Employers must also offer an alternative interview format for candidates who decline AI analysis.

Question 4

Are employers required to offer an opt-out from AI evaluation?

Accepted Answer

Yes, under Illinois AIVIA employers must offer candidates an alternative assessment process if they decline AI-analyzed video interviews. Under NYC Local Law 144, candidates may request an alternative selection process. Employers must actually process these requests and cannot penalize candidates who opt out. Failing to provide a meaningful alternative is itself a violation.

Question 5

What are the penalties for missing candidate disclosure requirements?

Accepted Answer

Under NYC Local Law 144, failing to provide required candidate notices carries a civil penalty of $375 for a first violation and up to $1,500 per day for subsequent violations. Each candidate who does not receive proper notice is a separate potential violation. Illinois AIVIA violations carry similar per-violation penalties. Colorado SB24-205 violations carry penalties up to $20,000 per violation.

Question 6

Can a job posting or privacy policy satisfy the disclosure requirement?

Accepted Answer

No. A generic job posting or privacy policy does not satisfy the specific notice requirements of NYC LL144 or Illinois AIVIA. The notice must be specific to the AI tool being used, delivered to the individual candidate before the evaluation occurs, and timed to meet the advance notice requirement. Posting a general AI policy on a careers page is not sufficient.

Question 7

How should candidate notices be delivered to satisfy legal requirements?

Accepted Answer

Under NYC rules, written notice via email is acceptable, but delivery confirmation is strongly recommended since you may need to prove the notice was received. NYC rules also require alternative delivery methods for candidates who cannot receive electronic notices. The safest approach is to send notices through your ATS with delivery tracking enabled, so you have a timestamped record for every candidate.

Question 8

What information must be in the candidate notice?

Accepted Answer

A compliant candidate notice must include: (1) a statement that an AI tool will be used, (2) the name and type of the AI tool, (3) what data the tool collects and analyzes, (4) how the AI output is used in the selection decision, (5) any demographic characteristics the AI evaluates, and (6) how candidates can request an alternative process. The exact content requirements vary by state and should be reviewed against the specific law in each jurisdiction where you hire.

Question 9

Does the disclosure requirement apply to current employees or only applicants?

Accepted Answer

Both. NYC Local Law 144 applies to AI tools used for hiring and promotion decisions about both job candidates and current employees being considered for promotions. Illinois AIVIA applies to video interviews used in any employment decision. Employers should treat internal candidates and external applicants the same way — both deserve proper notice before AI evaluates them.

Question 10

How does EmployArmor automate candidate disclosure notices?

Accepted Answer

EmployArmor generates state-specific notice templates for NYC, Illinois, and Colorado, integrates with your ATS to deliver notices automatically at the correct stage of the hiring process, tracks opt-out requests and manages alternative assessment workflows, logs delivery confirmation with timestamps for every candidate, and supports multi-language notices for diverse candidate pools. When laws change, EmployArmor updates templates automatically.

Candidate AI Disclosure Requirements: FAQ for Employers

Frequently Asked Questions

Related AI Hiring Laws

Automate Your Candidate Disclosures