A rapidly evolving patchwork of regulations. See which states regulate AI in employment and what you need to do.
Requires annual bias audits and public notices for automated employment decision tools (AEDTs).
View NYC GuideRegulates AI analysis of video interviews. Requires notice, consent, and deletion rights.
View IL GuideBroad anti-discrimination liability for AI tools. Proposed automated decision-making regulations.
View CA GuideWhile primarily focused on insurance practices, SB 21-169 prohibits the use of external consumer data and algorithms that unfairly discriminate based on race, color, national origin, religion, sex, sexual orientation, disability, gender identity, or gender expression. It sets a precedent for algorithm accountability.
Prohibits employers from using facial recognition services during pre-employment interviews without the applicant's consent. Similar to Illinois but specifically targets facial recognition technology.
Always notify candidates when AI is being used to evaluate them.
Maintain "human-in-the-loop" processes to review automated decisions.
Regularly test your tools for disparate impact on protected groups.
Keep detailed records of inputs, outputs, and decision logic.
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