Candidate AI
Disclosure Notices
NYC LL144, Illinois AIVIA, and Colorado SB24-205 all require you to notify candidates before AI evaluates them — with specific timing, content, and opt-out rights that vary by state.
EmployArmor generates state-specific notice templates, delivers them automatically via your ATS, tracks opt-outs, and logs every delivery — so you can prove compliance if a candidate files a complaint.
What Candidate Disclosure Laws Require
Each state has different timing, content, and opt-out requirements. Getting even one wrong creates liability on every candidate interaction.
Timing of Notice
NYC LL144 requires notice at least 10 business days before using an AEDT on a candidate. Illinois AIVIA requires consent before the AI video interview takes place. Colorado SB24-205 requires disclosure before the tool is deployed.
Required Content
Notices must explain that an AI tool will be used, what the tool does, what data it collects, how it influences hiring decisions, and the traits or characteristics it analyzes. Vague statements like 'we use technology' do not satisfy the requirement.
Delivery Method
Notice must be delivered in a way that the candidate can actually receive and acknowledge it. NYC rules require written notice — email is acceptable, but delivery confirmation is essential. Posting a notice on a careers page alone is not sufficient.
Opt-Out and Alternative Process
Illinois AIVIA and NYC rules require employers to offer an alternative assessment process for candidates who decline AI evaluation. You must explain the alternative, accept opt-out requests, and process them without penalizing the candidate.
Never miss a disclosure. Never miss a deadline.
Managing candidate notices manually across multiple states and hiring stages is error-prone. EmployArmor automates the right notice to the right candidate at the right time — and logs everything.
- State-specific notice templates — NYC, Illinois, and Colorado ready
- ATS integration for automatic notice delivery at the right stage
- Opt-out tracking — log and manage every candidate opt-out
- Delivery confirmation log — timestamped records for every notice sent
- Multi-language support for diverse candidate pools
- Annual template refresh as laws update
Candidate Disclosure Requirements by State
Three states already require candidate disclosure. Maryland and California are close behind. EmployArmor tracks every change so your notices stay compliant.
| State | Status | Risk |
|---|---|---|
| New York City | In effect. 10 business days notice required before AEDT use. | High |
| Illinois | In effect January 2026. Consent before AI video interview required. | High |
| Colorado | Effective June 30, 2026. Candidate disclosure required before deployment. | High |
| Maryland | Candidate disclosure requirements under consideration. | Medium |
| California | Multiple bills pending that would add AI disclosure requirements. | Medium |
Updated March 2026. EmployArmor monitors all 50 states for AI employment legislation.
Why Generic Privacy Notices Don't Work
View AI hiring lawsuits tracker →Many employers believe their existing privacy policy or job application fine print covers AI disclosure requirements. It does not. Laws like NYC Local Law 144 (NYC Admin. Code § 20-870) and Illinois AIVIA (820 ILCS 42/15) require specific disclosures with specific content about the AI tool being used. The NYC Commission on Human Rights has published detailed guidance on what disclosures must contain.
NYC LL144 requires notice at least 10 business days before the AEDT is used — not at the time of application and not buried in the terms of service. Illinois AIVIA (820 ILCS 42/15) requires affirmative consent before an AI-analyzed video interview proceeds, enforced through the Illinois Attorney General. Colorado Colo. Rev. Stat. § 6-1-1703 adds its own disclosure framework effective June 2026.
Each state has different opt-out rights too. Illinois requires you to offer an alternative assessment pathway. NYC rules require a process for candidates who cannot receive electronic notices. The EEOC also recommends candidate disclosure as a best practice under its 2023 AI guidance. Managing this manually across a high-volume hiring operation creates exposure on every candidate interaction.
Use our AI hiring laws by state guide to understand the exact requirements for each state where you hire.
Frequently Asked Questions: Candidate Disclosure Notices
When must employers send candidate disclosure notices for AI tools?
It depends on the state. NYC Admin. Code § 20-870 (LL144) requires written notice at least 10 business days before using an AEDT on a candidate. Illinois 820 ILCS 42/15 (AIVIA) requires affirmative consent before any AI video interview begins. Colo. Rev. Stat. § 6-1-1703 requires disclosure as part of the employer's pre-use framework under SB24-205, effective June 2026.
What must a candidate disclosure notice include?
Notices must explain that AI will evaluate the candidate, what the tool does, what traits or data it analyzes, how it influences hiring decisions, and the candidate's right to opt out. Generic privacy policy language does not satisfy NYC LL144 or Illinois AIVIA — notices must be specific to the AI tool being used.
Do candidates have a right to opt out of AI evaluation?
Yes in Illinois and NYC. Illinois 820 ILCS 42/15 requires employers to offer an alternative assessment process for any candidate who declines AI analysis. NYC rules require a procedure for candidates who cannot receive electronic notice. Penalizing candidates for opting out is itself a violation.
Is a careers page privacy notice sufficient?
No. NYC LL144 requires individual written notice to each candidate — not a static webpage. A privacy policy buried in your terms or a notice on your careers page does not satisfy the 10-business-day advance notice requirement. Email with delivery confirmation meets the standard; passive webpage posting does not.
What is the penalty for missing a candidate disclosure?
NYC penalties start at $375/day per violation and escalate to $1,500/day for repeat violations. Each candidate interaction without proper notice may be treated as a separate violation. Illinois AIVIA violations can result in significant per-violation penalties enforced by the Illinois Attorney General.
Automate Your Candidate Disclosures
Every hiring cycle without proper candidate notices creates new liability. Start your free compliance assessment to see where you stand.