Choose an AI recruitment platform only after you have mapped where you hire, what candidate data the system uses, and how its outputs influence hiring decisions. Require each vendor to document data sources and retention, explain the tool’s role in screening, provide current audit evidence, and demonstrate usable notice and accommodation workflows. Then assign your own team to review the system’s effects after deployment: a vendor’s compliance claim or bias audit is not a substitute for employer oversight.
Start with the hiring locations and the decisions the platform affects
Before comparing vendors, identify the locations where candidates will be assessed and the stages in which the platform will be used. A product’s label—“AI assistant,” “automation,” or “screening tool”—does not establish whether a particular employment rule applies. The relevant questions are what the system does, which people it affects, and where the hiring takes place.
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Map the workflow, not just the product name
List each feature and the point at which it acts: for example, parsing résumés, scoring assessments, recommending applicants, ranking candidates, or advancing them to an interview. Record whether the system only transcribes or translates information, or whether it generates a score, classification, recommendation, or ranking used in screening. A tool need not make the final hiring decision to affect who progresses: New York City’s rules include an example of a covered automated employment decision tool (AEDT) used to screen résumés and schedule interviews.
Check coverage for each location
For each role, document the candidate and job locations relevant to the hiring process, the tool’s function, and who uses its output. Have legal or privacy reviewers determine which local requirements apply before relying on a vendor’s general statement that its product is “compliant.” The New York City requirements below are specific to covered use there; they are not a complete privacy-law analysis for other locations or data flows.
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Ask for a candidate-data inventory and retention plan
Request a written account of candidate information the platform receives, derives, and uses. Do not stop at the fields visible in the employer dashboard: ask about information supplied by the candidate, imported from other systems, generated from assessments, or inferred by the platform. NYC’s code specifically addresses disclosure of the type of candidate data collected, its source, and the employer’s retention policy when those details are not posted. Those are useful minimum procurement questions, not an exhaustive privacy checklist.
Questions to put to every vendor
- What candidate data does each feature collect or receive, and from which sources?
- Which fields or derived signals affect scores, classifications, recommendations, rankings, or other outputs?
- Which inputs are required, optional, inferred, or supplied by another system?
- How long is each category of data retained, who sets the retention period, and how can the employer request deletion?
- What information can the employer provide to a candidate who asks what data was collected and where it came from?
- Does the vendor document the system’s purpose and the qualifications or characteristics it assesses?
Ask the vendor to distinguish its own retention practices from the employer’s policy and to explain how the employer can configure or carry out the latter. The cited NYC disclosure provision does not by itself answer every question about privacy obligations, cross-border processing, or vendor contracts.
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Inspect the audit evidence rather than accepting a badge
For a covered NYC use, an AEDT must have a bias audit conducted no more than one year before use. Before use, the employer must make the latest audit summary and the tool’s distribution date publicly available. These requirements are not proof that a system is unbiased, accessible, accurate, or lawful in every jurisdiction.
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What to verify in the audit
- Date and scope: Check when the audit was conducted and which tool, version, workflow, and population it covered. Ask what has changed since then and whether changes affect the audit’s relevance.
- Methods and results: For selection or classification systems, NYC rules require selection-rate and impact-ratio calculations. For scoring tools, they require the full-sample median score, scoring rates, and impact ratios. The rules call for demographic and intersectional calculations across sex and race or ethnicity, with counts for unknown categories.
- Public information: Confirm that the required summary is available before use and that the tool’s distribution date is identified.
- Auditor independence: Ask who performed the audit and whether that person or group meets NYC’s independence definition. The rules exclude certain people or groups involved in using, developing, or distributing the AEDT, as well as those with specified employment or financial relationships.
- Limitations and follow-up: Ask which groups or uses were not covered, what remediation followed any findings, and how the employer will monitor the tool in its own hiring workflow.
An audit is a bounded assessment of specified measures and scope. It cannot establish that every candidate will be treated fairly or that the platform protects every category of personal information.
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Make candidate notice and accommodation workable
For covered NYC use, candidates or employees residing in the city must receive notice at least 10 business days before the AEDT is used. The notice must identify that the tool will be used and the job qualifications and characteristics it will assess, and it must allow a request for an alternative selection process or accommodation. Build this into the workflow rather than treating it as a policy document that no one owns.
Test the actual candidate journey
- Confirm the platform and recruiting process can deliver notice early enough for the applicable deadline.
- Check that the notice identifies the tool’s use and the qualifications and characteristics assessed.
- Provide a clear, accessible way to request an accommodation or an alternative selection process, and name the human contact responsible for responding.
- Test how the request reaches the hiring team and how assessment or interview steps change when an accommodation is needed.
Under the ADA, employers remain responsible for ensuring that their use of hiring technology does not unlawfully discriminate, including when a third party supplies the tool. ADA.gov advises employers to examine hiring technologies before use and regularly while they are in use for disability-related screening effects. EEOC guidance highlights risks including missing accommodation processes, screening out qualified people with disabilities who could perform the job with or without accommodation, and eliciting disability or medical information in ways that may be prohibited.
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Evaluate disability access and job relevance
Ask how each assessment measures skills relevant to the role rather than sensory, manual, speech, or other attributes unrelated to performing that job. Consider whether a person with a disability could encounter barriers in the assessment, interview, or platform interface, and whether an accommodation can be provided without undermining a valid assessment of job-related skills.
Do not assess only the disability a vendor’s test was designed to address. ADA.gov notes that a process aimed at one disability group may still disadvantage people with other disabilities. Require a documented review before rollout and a process for reconsidering continued use when monitoring or accommodation requests reveal a problem.
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Put the requirements into a comparable vendor review
Give every vendor the same evidence request so that marketing claims do not substitute for comparable answers. Ask for supporting documentation and a demonstration of the candidate and administrator workflows, not just a product overview.
| Review area | Evidence or answer to request |
|---|---|
| Data and purpose | Data types and sources; required, optional, and inferred inputs; outputs affected by each input; retention periods; deletion process; and the qualifications or characteristics assessed. |
| Function and coverage | Whether each feature transcribes, translates, scores, classifies, recommends, ranks, or advances candidates; plus the roles, stages, versions, and locations covered by any audit. |
| Audit | Audit date, methods, population and tool scope, demographic and intersectional results, unknown-category counts, public summary, distribution date, and remediation since the audit. |
| Auditor | Auditor identity and information sufficient to assess independence under the rules that apply to the use. |
| Notice and accommodation | Notice configuration and timing, disclosure of assessed qualifications and characteristics, accommodation and alternative-process request routes, and the accountable human contact. |
| Accessibility and monitoring | How disability-related screening effects are evaluated before and during use, how accommodation requests are handled, and who reviews outcomes and system changes. |
Use the answers to identify gaps, not merely to score features. For example, a current audit may still be a poor fit if it covers a different workflow or version from the one you plan to deploy.
Assign employer ownership before launch
Vendor documentation is only one part of governance. Name an internal owner for candidate notices, accommodation requests, retention settings, audit review, and monitoring of continued use. Define who must reassess the platform when the vendor changes a model or feature, the hiring workflow changes, or a review identifies an adverse effect. NYC specifies an annual limit on audit age for covered use; the ADA guidance calls for evaluation before and regularly during use but does not set one universal monitoring cadence for every employer.
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New York City Local Law 144 applies to covered employers and employment agencies using covered AEDTs in the city; the Department of Consumer and Worker Protection says enforcement began July 5, 2023. The city code and rules are the relevant sources for detailed coverage and obligations, and the official code host cautions that its online database may not reflect the latest legislation or rules. Check current official requirements for the specific use before relying on them.
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