AI Hiring Compliance · NYC Local Law 144
Does HireVue Pass NYC Local Law 144 Bias Audit Requirements?
HireVue is an AI-driven video interview and assessment platform used by enterprise employers for initial candidate screening. Under NYC Local Law 144 (NYC Admin Code § 20-871), employers using automated employment decision tools (AEDTs) to screen candidates in New York City must conduct annual bias audits and disclose results to candidates before a hiring decision. HireVue provides internal audit tooling, but employers remain legally responsible for ensuring the audits meet the specific methodological requirements DCWP enforces.
What NYC Local Law 144 Requires
The law establishes a clear sequence of obligations:
- Conduct an annual bias audit of any AEDT used to screen NYC candidates.
- Publish summary bias audit results on your website before using the tool.
- Provide those results to candidates upon request and before a hiring decision.
- Retain bias audit documentation for at least two years for DCWP inspection.
“It shall be unlawful for an employer or employment agency to use an automated employment decision tool to screen a candidate or employee for an employment decision unless: (1) the tool has been the subject of a bias audit no more than one year prior to use; (2) a summary of the bias audit has been published on the employer's or agency's website; and (3) the candidate or employee has been notified of the tool's use and the basis for the decision.”— NYC Administrative Code § 20-871
Where HireVue's Native Features Fall Short
HireVue's HireVue Fairness capabilities include some internal auditing and bias monitoring. The platform can flag certain disparate impact patterns. However, several compliance steps are outside HireVue's scope:
| Compliance Requirement | Required By | Does HireVue Handle This? | What Employer Must Do |
|---|---|---|---|
| Annual independent bias audit | NYC LL144 | No — platform tooling is internal, not independent | Hire a DCWP-recognized independent auditor |
| Publish audit summary publicly | NYC LL144 | No | Post summary on employer's careers or compliance page |
| Disclose to NYC candidates before decision | NYC LL144 | Partially — in-platform notices exist | Ensure disclosure is timely and in writing |
| Retain audit documentation 2+ years | NYC LL144 | No | Maintain records internally or via compliance platform |
| Title VII / EEOC disparate impact review | EEOC Uniform Guidelines | Partial — internal reporting available | Conduct proper 4/5ths rule and regression analyses |
By the Numbers
$500–$1,500
Per day per tool, per violation under NYC LL144 § 20-875
Class Action
EEOC disparate impact = Title VII exposure EEOC guidance
How to Make HireVue NYC Local Law 144 Compliant
- Retain an independent auditor — HireVue's internal tools do not satisfy the independence requirement. Use a DCWP-recognized auditor with validated methodology documentation.
- Get the audit summary published — Post the audit summary on your employer website before your next NYC candidate screening. Link it from your careers page.
- Update your candidate communications — Ensure every NYC-based applicant receives written notice that HireVue will be used and how to request the bias audit summary.
- Retain records — Keep bias audit reports, auditor credentials, and disclosure logs for at least two years.
- Schedule an annual re-audit — The bias audit must be refreshed within 12 months of each use. Build it into your annual compliance calendar.
Frequently Asked Questions
Does HireVue handle NYC Local Law 144 bias audit requirements?
HireVue offers internal bias auditing features, but the employer is the party legally responsible under NYC Local Law 144. The platform does not automatically satisfy the law's annual independent-audit requirement.
What does HireVue not cover for NYC LL144 compliance?
HireVue does not select an independent auditor, publish bias audit results to candidates, or maintain the required documentation for DCWP inspection. Employers must handle these steps separately.
Who is responsible when using HireVue for candidate screening?
The employer or employment agency using HireVue is fully responsible. NYC Local Law 144 places obligations on employers and agencies—not on the software vendor.
What happens if I use HireVue without a compliant bias audit setup?
Violations of NYC Local Law 144 carry penalties of $500–$1,500 per day per tool used in non-compliance (§ 20-875). Individual candidates can also file complaints with DCWP.
How do I make HireVue compliant with NYC Local Law 144?
Retain an independent, qualified bias auditor to audit HireVue's screening algorithm annually. Publish summary results on your careers page and provide them to NYC-based candidates before a hiring decision.
What software works alongside HireVue for NYC LL144 compliance?
EmployArmor fills the compliance layer HireVue leaves open—bias audit coordination, candidate disclosure workflows, and DCWP documentation readiness. Schedule a free compliance scan at /scan.
EmployArmor handles the compliance layer that HireVue doesn't — run a free scan to assess your NYC LL144 exposure.
References
- NYC Administrative Code § 20-871–20-875 (Local Law 144). NYC DCWP
- EEOC Technical Assistance on AI (May 2022). EEOC.gov
Last updated: March 2026