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1Repair Windows errors before they cause bigger problems2Fix the driver behind crashes, sound loss and screen glitches3Clear out junk files and repair common Windows errorsAI-led job interviews are not automatically unfair, but they can raise disability-discrimination concerns if they screen out a qualified applicant or assess disability-linked traits that are not necessary for the job. If the interview format creates an access barrier, contact the recruiter or the employer’s accommodation contact and request an accessible way to participate.
When can an AI-led interview be unfair?
The Americans with Disabilities Act (ADA) applies to employment selection, including hiring technology. As the U.S. Department of Justice puts it, “The ADA applies to all parts of employment, including how an employer selects, tests, or promotes employees.” Using software does not transfer an employer’s responsibility to avoid disability discrimination.
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A tool may create a problem if it screens out a qualified person with a disability or measures traits unrelated to the work. For example, an assessment that relies on speech, eye movement, facial expression, or response speed may disadvantage some applicants if those traits are not actually required for the job. Applying the same tool to everyone does not by itself establish that the process is fair.
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The practical question is whether the interview is accessible to you and evaluates relevant job qualifications. Consider whether you can use your assistive technology, whether the assessment measures job-related skills, whether an alternative format or human interview is available, and whether the employer explains what it evaluates and handles accommodation requests without penalizing candidacy. The DOJ discusses these concerns in its 2022 guidance on algorithms, artificial intelligence, and disability discrimination in hiring.
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What accommodation can a candidate request?
Employers must provide reasonable accommodations during hiring unless doing so would create an undue hardship. The DOJ states that this duty includes the hiring process. An accommodation may involve changing how the interview is delivered so the applicant can participate, rather than changing the job’s essential requirements.
The DOJ gives the example of an online interview program that is incompatible with a blind applicant’s screen reader: an accessible version or another reasonable adjustment may be needed. Depending on the barrier and role, a candidate might ask for a compatible version, a human interview, more time, an interpreter, or another format. These are possibilities, not a guarantee that any particular request must be granted in every circumstance.
How to ask for an accommodation
- Contact the right person. Write to the recruiter or the employer’s designated accommodation contact as soon as you know the interview format creates a barrier.
- Describe the barrier briefly. Identify the interview stage and the issue—for example, screen-reader incompatibility, a timed response format, or an inaccessible communication mode.
- Suggest a workable change. State what would allow you to complete the interview, or ask the employer to offer another accessible way to participate.
- Ask about the process. Request information about next steps and whom to contact if the employer needs more details.
You can adapt this sample message; it is not a required legal form: “I’m scheduled to complete the automated interview for [role]. The current format creates an access barrier because [brief description]. Could you provide [specific change] or another accessible way to complete this interview? Please let me know the process and contact if you need more information.”
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The ADA accommodation duty and these practical steps are described in the DOJ’s hiring technology guidance.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What should the employer explain?
The DOJ says employers may need to tell applicants what type of technology is being used and how they will be evaluated, so applicants can decide whether to request an accommodation. It also recommends making sure that asking for an accommodation does not harm a candidate’s chance. These are practices supporting accommodation obligations, not a universal, detailed disclosure rule for every AI tool in every jurisdiction.
The EEOC distinguishes accommodations for the application process from questions about performing the job. Employers may ask whether an applicant needs an accommodation for the hiring process. Before making a job offer, they are generally restricted from asking whether an applicant will need an accommodation to perform the job, subject to exceptions. See the EEOC’s guidance for job applicants and the ADA.
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What additional rules apply in New York City?
New York City has requirements for covered automated employment decision tools under Local Law 144. Covered employers and employment agencies must satisfy specified conditions before using such a tool, including a bias audit, public information, and notice to candidates. The NYC code also addresses information about the job qualifications and characteristics used by the tool. Whether a particular tool and hiring situation are covered depends on the law’s scope; these requirements are not a nationwide rule.
New York City Commission on Human Rights guidance also notes that employment technology may violate local disability protections if applicants cannot request a reasonable accommodation or use an alternative way to apply. Consult the NYC information on automated employment decision tools and the NYC Commission on Human Rights guidance for local details.
If the employer does not address the barrier
Keep copies of your accommodation request and the employer’s response, and note relevant dates. The applicable law and complaint channels can vary by job location and hiring context. For a specific dispute, check the rules and complaint options that apply where the job is located, or consult a qualified employment-law professional. This article provides general information, not individualized legal advice.
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