Rättskällor med officiella primärkällor

Utskrivet ·

Skip to main content
Skip to the answer

What rules apply to AI in hiring in the United States?

There is no single federal AI hiring statute. Duties come from state and city law on notice, consent and bias auditing, while the federal question stays what it has always been: whether the outcome discriminates.

The answer differs between the federal level and the states, see the rows below.

The answer by level

  • Illinois

    Illinois requires notice and consent before an artificial intelligence analysis of a video interview, and reporting of demographic data where AI alone screens applicants.

    775 ILCS 5/2-102
  • Colorado

    Colorado places duties of care, disclosure and impact assessment on developers and deployers of high risk AI systems, and employment decisions are named as high risk.

    Colo. Rev. Stat. § 6-1-1701 et seq.
  • New York City

    New York City requires an annual independent bias audit of an automated employment decision tool, publication of the results and notice to candidates.

    NYC Admin. Code §§ 20-870 to 20-874, Local Law 144
  • Federal level

    At federal level the prohibition of discrimination applies to the outcome, so a selection tool that disadvantages a protected group is judged under the same standard as any other practice.

    42 U.S.C. §§ 2000e to 2000e-17, 29 CFR Parts 1600 to 1614

Source lines

  • Illinois requires notice and consent before AI analysis of a video interview and reporting where AI alone screens applicants.
  • Colorado imposes duties of care, disclosure and impact assessment on high risk AI systems, naming employment decisions as high risk.
  • New York City requires an annual independent bias audit of an automated employment decision tool, with published results and candidate notice.

What it means for the company

Keep the audit, the notice text and the vendor documentation together per tool, because each jurisdiction asks for the same evidence in a different form.

Comparison across levels and states
LevelRequirementSource
IllinoisIllinois requires notice and consent before an artificial intelligence analysis of a video interview, and reporting of demographic data where AI alone screens applicants.775 ILCS 5/2-102
ColoradoColorado places duties of care, disclosure and impact assessment on developers and deployers of high risk AI systems, and employment decisions are named as high risk.Colo. Rev. Stat. § 6-1-1701 et seq.
New York CityNew York City requires an annual independent bias audit of an automated employment decision tool, publication of the results and notice to candidates.NYC Admin. Code §§ 20-870 to 20-874, Local Law 144
Federal levelAt federal level the prohibition of discrimination applies to the outcome, so a selection tool that disadvantages a protected group is judged under the same standard as any other practice.42 U.S.C. §§ 2000e to 2000e-17, 29 CFR Parts 1600 to 1614

What it means for the individual

You are entitled to be told when a tool takes part in the decision, and in New York City the audit result is public.

Source lines

Next step

List every tool used in screening, match it to the states and cities where candidates apply, and schedule the audits before the next hiring round.

All US questions

This page reports what the sources say, with the identifier and address of the publisher. It is not legal advice and does not decide an individual matter.

Next step

Three ways to put the register to work in your own practice.

Start with your task