Generally, yes—but not without limits. U.S. employers may use artificial-intelligence tools to schedule, record, transcribe, score, or otherwise analyze job interviews. There is no single federal law that bans AI interviews. The employer and its vendor must still comply with federal anti-discrimination and disability laws, plus state and local rules on notice, consent, bias audits, accommodations, data sharing, and deletion.
Whether a particular interview is lawful depends on the job, the employer, the applicant’s location, the tool’s configuration, and how much the automated result influences the hiring decision. The explanation below is a general U.S. guide, not jurisdiction-specific legal advice.
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What makes an AI interview legal or illegal?
“AI interview” can describe several different systems. A platform may only record a candidate’s answers for a human recruiter, transcribe speech, rank written responses, or assign a score from video, audio, timing, facial movement, or other signals. The legal analysis changes with the data collected and the role the output plays in selection.
Using software is not automatically unlawful. Risk arises when the process discriminates against a protected group, measures a disability-related trait rather than job ability, collects prohibited medical information, or ignores a state or local notice and consent rule. An employer can also face liability when a vendor’s model creates a discriminatory effect; outsourcing the interview does not remove the employer’s obligations.
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Federal protections still apply
The Equal Employment Opportunity Commission (EEOC) identifies evaluating a recorded video interview as an example of AI used in recruiting, screening, or hiring. Federal employment-discrimination laws protect applicants from discrimination based on race, color, religion, sex—including sexual orientation, gender identity, and pregnancy—national origin, age 40 or older, disability, and genetic information.
A policy can be unlawful even when it appears neutral. The EEOC explains that a neutral practice with a disproportionate negative effect may violate federal law when it is not job-related and necessary. Applicant tests likewise must be necessary and related to the position. A vendor’s claim that its model is objective does not establish that its features predict successful performance or that the process has no disparate effect.
There is no automatic right to a human-only interview
Federal law does not generally give every applicant a blanket right to refuse all automation. An employer may be able to use an automated tool if it is job-related, administered lawfully, and accompanied by any required notice, consent, and accommodation process. A rejection based on an AI result is not automatically illegal; it becomes legally problematic when the tool or the surrounding procedure discriminates, violates disability rules, or breaks a more protective state or local requirement.
How disability and accommodation rules affect AI interviews
The EEOC and Department of Justice warned in 2022 that hiring technologies can “screen out” people with disabilities who could perform the job with or without reasonable accommodation. Their warning identifies three central ADA concerns: employers need an accommodation process, safeguards must prevent disability-based screening out, and AI-generated disability or medical inquiries can violate the Americans with Disabilities Act (ADA). EEOC Chair Charlotte A. Burrows summarized the concern: “New technologies should not become new ways to discriminate.”
What an employer should tell applicants
EEOC guidance says an employer may explain what the hiring process involves—including an interview or timed test—and ask whether an accommodation is needed. The ADA generally requires reasonable accommodation so a qualified applicant can compete, unless providing it would cause undue hardship. A notice that merely says “the system is automated” is not a substitute for a usable way to request help.
Examples of features that can create disability risk
Speech recognition, speaking rate, facial-expression analysis, eye or head movement, timed responses, video framing, hearing-dependent prompts, and vision-dependent tasks can be affected by a disability. A model may also infer a medical condition from behavior even when the employer did not intentionally ask about health. If a signal is not essential to the job, relying on it can make the process harder to defend.
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The practical solution depends on the position and the applicant’s limitation. An employer should offer a meaningful alternative—such as a text, audio, untimed, or human interview format when appropriate—and ensure that the alternative is evaluated against the same job-related competencies. The process should preserve a human review route rather than treating an automated score as final.
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Limits on disability questions before an offer
Before a job offer, an employer generally may not ask disability-related questions or require a medical examination. It may ask whether the applicant can perform the essential functions of the job and how the applicant would perform them. An AI system that effectively asks for, predicts, or penalizes medical information can create an ADA violation even if no recruiter asks a direct question.
New York City: automated employment decision tools
New York City Local Law 144 regulates automated employment decision tools (AEDTs). The New York City Department of Consumer and Worker Protection (DCWP) states that covered employers and employment agencies may not use an AEDT in New York City unless a bias audit has been conducted and required notices are provided.
What applicants and employers must verify
Local Law 144 is definition- and fact-specific. Before concluding that it applies, check whether the employer or agency is covered, whether the job is connected to New York City, whether the software meets the law’s AEDT definition, and which DCWP rules are in force. A tool that only stores a recording may be treated differently from one that substantially assists a selection decision. The employer should document the applicable definition, the audit, and the notices rather than assuming that a vendor’s “compliant” label answers those questions.
For an applicant, a notice that an AEDT is being used is a reason to ask what stage of the decision it affects and how to request an accommodation. It is not, by itself, proof that the employer made an unlawful decision or that every AI interview is covered by Local Law 144.
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Illinois: notice, explanation, and consent for AI video interviews
Illinois has a specific Artificial Intelligence Video Interview Act. Before asking an applicant to submit a video interview, an employer must:
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- Notify the applicant that AI may analyze the video and consider the applicant’s fitness for the position.
- Provide information explaining how the AI works and the general types of characteristics it uses.
- Obtain the applicant’s consent.
The statute says an employer may not use AI to evaluate an applicant who has not consented. Consent should therefore be obtained before the video is submitted and analyzed, not after a score has already influenced the decision.
Sharing and deleting Illinois interview videos
Illinois limits sharing an applicant’s video to people whose expertise or technology is necessary to evaluate fitness. That restriction matters when an employer sends recordings to a vendor, a separate analytics provider, or other recipients. Employers should know who can access the file and why each recipient is needed.
Upon an applicant’s request, the employer must delete the interview within 30 days and instruct recipients to delete their copies, including electronically generated backups. An applicant should make the request in writing and keep a copy. The Illinois Human Rights Act separately prohibits AI use that has the effect of discriminating against protected classes, including use of zip codes as proxies for protected classes, and contains notice requirements in specified circumstances.
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An employer can lawfully consider an AI-assisted interview only if the overall process complies with applicable law. A rejection becomes suspect when the tool’s criteria are unrelated to the job, produce a disparate effect that the employer cannot justify, rely on protected characteristics or proxies, or screen out a person who could perform the work with accommodation.
Warning signs for applicants
- The employer refuses to explain whether AI analyzes the recording or merely stores it.
- The process scores personality, facial expression, accent, eye contact, or speech patterns without showing why those traits are necessary for the job.
- No accommodation contact or alternative format is available.
- The employer asks for medical information before making an offer.
- An Illinois employer seeks a video without advance disclosure, an explanation of general characteristics, and consent.
- A New York City employer or agency gives no required AEDT notice or cannot identify the applicable bias audit.
These signs do not prove a violation. They identify facts worth documenting and raising with the employer, an agency, or an employment lawyer.
What employers should do before deploying an AI interview
A defensible program treats the interview as an employment test, not as a neutral technology purchase.
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1. Map the jurisdictions
Identify every jurisdiction connected to the job, employer, work location, recruiting office, and applicant. State and local duties may apply in addition to federal law. Do not assume that a remote applicant is governed only by the employer’s headquarters.
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2. Define job-related competencies
Write down the skills the interview is intended to assess—such as explaining a technical process, handling a customer scenario, or accurately completing a task. For each feature, explain why it predicts one of those competencies. Avoid vague goals such as “culture fit” when the model cannot tie the result to measurable job requirements.
3. Inventory the data and model behavior
Ask the vendor what video, audio, text, timing, biometric signals, derived features, and proxies are collected or inferred; where data is stored; who receives it; how long it is retained; and what model changes trigger revalidation. Protected characteristics and obvious proxies should not be used to score fitness.
4. Validate and test for disparate effects
Conduct validation before launch and repeat disparate-impact testing after material model, workflow, or job changes. Keep the methodology, population, results, corrective actions, and decision to continue or stop deployment. A bias audit required by a local law is not a replacement for broader job-relatedness and accessibility review.
5. Build notice, consent, and accommodation into the workflow
Give legally required notices before data collection. Obtain consent where required, especially for Illinois AI video interviews. Tell applicants how to request an accommodation, route requests to a trained human, and provide an accessible alternative that measures the same competencies.
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A reviewer should be able to inspect the underlying interview, consider contextual information, and override an automated recommendation. Human review is not meaningful if staff simply rubber-stamp a score or cannot see how it was produced. Define escalation and adverse-decision review procedures in advance.
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7. Control sharing, retention, and deletion
Restrict access to personnel and vendors who need it, use security controls appropriate to the data, and set a retention schedule. Honor Illinois deletion requests within 30 days and instruct recipients to remove copies and electronically generated backups. Retain records needed to show job-relatedness, audit results, notices, consent, accommodations, and review of adverse decisions.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Comparing deployment options
Employers often can choose among several designs. The safest choice is not necessarily the one with the most automation; it is the one whose evidence, controls, and accessibility match the job and every applicable jurisdiction.
| Deployment approach | Jurisdictional coverage | Data analyzed | Evidence and controls to verify | Main legal considerations |
|---|---|---|---|---|
| Human interview with recording only | Federal, state, and local employment rules still apply; AEDT coverage depends on whether the recording tool materially assists a decision | Video and audio stored for later review | Retention, access, vendor security, accommodation process, and human decision record | Lower automated-scoring risk, but recording notice, privacy, accessibility, and discrimination duties remain |
| Automated transcription or answer extraction with human scoring | Same jurisdictional analysis; Illinois video requirements may apply when AI analyzes the submitted video | Video, audio, transcript, and extracted text | Transcript accuracy, job-related rubric, disparate-impact testing, consent where required, and override process | Errors or speech-related disability effects can distort answers; provide an alternative and human correction route |
| Automated ranking or recommendation | Potentially covered by NYC AEDT rules and other state or local requirements, depending on definitions and decision influence | Video, audio, text, timing, or derived features | Bias audit or validation, feature and proxy inventory, notices, accommodation, human review, retention, and deletion terms | Highest risk when a score materially influences selection; document why each feature is necessary |
What applicants can do before and after an AI interview
- Ask what the system does. Request the employer’s description of whether AI analyzes video, audio, text, timing, facial or speech signals, and whether a person reviews the result.
- Request an accommodation early. Explain the limitation and ask for an alternative that lets you demonstrate the essential skills. You generally do not need to disclose a diagnosis merely to request an accommodation.
- Check consent and notices. If the position is in Illinois, confirm that the employer disclosed AI analysis, explained its operation and general characteristics, and obtained consent before analysis. In New York City, ask whether an AEDT is being used and what notice applies.
- Preserve records. Save invitations, notices, consent screens, accommodation requests, responses, and rejection messages. Note dates, the job location, and who communicated with you.
- Use deletion rights where available. For an Illinois video, make a written deletion request and keep proof of delivery. The employer must delete it within 30 days and direct recipients to delete copies and backups.
- Seek advice on suspected discrimination. If the process appears to screen out a disability, rely on a protected trait or proxy, or ignore a required notice or accommodation, consult an employment-rights lawyer or the appropriate government agency promptly. Deadlines and remedies vary by claim and jurisdiction.
Questions the law does not answer automatically
Does every AI interview require consent?
No single federal consent rule covers every AI interview. Illinois requires consent before an employer uses AI to evaluate an applicant’s video. Other jurisdictions or specific data practices may impose additional requirements, so the answer depends on the job and location.
Can an employer use facial expressions or voice characteristics?
There is no universal permission simply because a tool can measure a feature. The employer must show that the criterion is job-related and necessary, avoid discriminatory effects, comply with disability rules, and satisfy any applicable state or local notice, consent, biometric, or privacy requirements.
Is a vendor responsible instead of the employer?
Vendor contracts can allocate duties and require testing, security, deletion, and cooperation, but an employer cannot assume that contracting out the interview eliminates its legal responsibilities. The employer should investigate the vendor’s data, model, validation evidence, and controls before use.
What if the employer says the AI is only advisory?
An “advisory” label does not settle the issue. Reviewers may be influenced by a ranking even when they technically make the final decision. The employer should measure how the output is actually used, preserve a genuine override process, and analyze the tool under any law that covers systems that assist or materially influence selection.
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