Nearly every AI hiring law requires disclosure to candidates—but the specifics vary dramatically. Some states require consent. Some require 10 days' advance notice. Some demand detailed explanations of how AI is used.
Getting disclosure wrong is one of the most common compliance failures. This template provides multi-jurisdiction compliant language you can customize for your specific AI tools.
What's Included:
- ✓ Multi-state compliant disclosure language
- ✓ Consent form templates (for IL, CO, MD)
- ✓ Job posting disclosure snippets
- ✓ Email notification templates
- ✓ FAQ responses for candidates
- ✓ Implementation checklist
Core AI Hiring Disclosure Template
This template satisfies the most stringent state requirements (Illinois, NYC, Colorado, California). Customize the bracketed sections for your specific tools and processes.
AI Use in Hiring Notice
[Company Name] uses artificial intelligence (AI) and automated decision-making technology as part of our hiring process.
What AI Tools We Use:
We use the following AI-powered tools to evaluate job applicants:
- [Tool Name 1] for [purpose - e.g., "resume screening and qualification matching"]
- [Tool Name 2] for [purpose - e.g., "video interview analysis"]
- [Tool Name 3] for [purpose - e.g., "skills assessment and cognitive ability testing"]
What the AI Evaluates:
Our AI tools analyze and evaluate:
- Qualifications, skills, and work experience relevance
- [Add specific factors - e.g., "Communication skills and presentation style"]
- [Add specific factors - e.g., "Problem-solving ability and analytical reasoning"]
- [Add specific factors - e.g., "Cultural alignment and team fit indicators"]
How AI Impacts Hiring Decisions:
AI-generated scores and recommendations are used to:
- [Select applicable] Rank candidates for recruiter review
- [Select applicable] Determine who advances to the next interview stage
- [Select applicable] Identify top candidates for hiring manager consideration
- [Select applicable] Screen out candidates who do not meet minimum qualifications
Important: While AI assists our hiring process, final hiring decisions are made by humans. AI recommendations are considered alongside other factors including interviews, references, and manager evaluation.
Data We Collect:
The AI tools collect and analyze:
- Information from your resume/application (work history, education, skills)
- [If applicable] Video and audio from interview recordings
- [If applicable] Responses to assessment questions
- [If applicable] Timing and interaction patterns during assessments
Your Rights:
- Right to opt out: You may request an alternative evaluation process that does not use AI by contacting [email/phone] within [X] days of this notice.
- Right to accommodation: If you require an accommodation related to a disability, contact [email/phone] and we will work with you to provide an accessible alternative.
- Right to human review: You may request human review of any AI-driven decision by contacting [email/phone].
- Right to explanation: You may request information about how AI was used in your evaluation by contacting [email/phone].
Bias Audit Information: [Required for NYC]
Our AI hiring tools have undergone independent bias audits. The most recent audit was conducted on [Date] by [Auditor Name]. Audit results are available at [URL to published audit summary].
Questions or Concerns:
If you have questions about our use of AI in hiring, wish to opt out, or need accommodations, contact:
[Contact Name/Department]
[Email]
[Phone]
[Mailing Address - if required by state law]
Declining AI evaluation will not negatively impact your candidacy. We are committed to fair and non-discriminatory hiring practices.
Consent Form Template (Illinois, Colorado, Maryland)
For states requiring explicit consent (Illinois, Colorado) or specific facial recognition consent (Maryland), use this addendum:
Consent to AI Evaluation
I have read and understand the AI Use in Hiring Notice provided by [Company Name]. I understand that:
- AI technology will be used to evaluate my application and candidacy
- The AI will analyze [list specific data types from disclosure above]
- AI-generated scores will influence hiring decisions as described above
- I have the right to decline AI evaluation and request an alternative process
By signing below, I consent to [Company Name]'s use of AI technology to evaluate my candidacy as described in the AI Use in Hiring Notice.
Applicant Signature: ________________________________ Date: ____________
Printed Name: ________________________________
OR [For electronic consent]
☐ I consent to AI evaluation as described above
☐ I decline AI evaluation and request an alternative process
If declining AI evaluation, please contact [email/phone] within [X] days to arrange your alternative evaluation.
Job Posting Disclosure Snippet
Include this language in job postings to provide early notice (recommended for all states; helps with NYC's 10-day advance notice requirement):
AI in Our Hiring Process
[Company Name] uses AI-powered tools to screen applications and evaluate candidates. All applicants will receive detailed information about our AI use and have the option to request alternative evaluation methods. Questions? Contact [email].
Email Notification Template
Send this when inviting candidates to AI-based assessments (satisfies timing requirements for most states):
Subject: Next Steps in Your Application - AI Disclosure Notice
Dear [Candidate Name],
Thank you for your interest in the [Position Title] role at [Company Name]. We're excited to move your application to the next stage!
Important Notice: Use of AI in Our Hiring Process
As part of our evaluation process, we use artificial intelligence tools to [describe specific use - e.g., "analyze video interview responses" or "assess technical skills through coding challenges"]. Before you proceed, please review the attached AI Use in Hiring Notice, which explains:
- What AI tools we use and what they evaluate
- How AI influences our hiring decisions
- Your right to opt out and request an alternative evaluation
- How to request accommodations
[For states requiring consent] To proceed with the AI-based evaluation, you'll need to provide consent. If you prefer an alternative evaluation method, please reply to this email or call [phone] within [X] days.
[For NYC 10-day requirement] You may begin the assessment on or after [Date - 10 days from this email]. If you have questions before then, please don't hesitate to reach out.
We're committed to a fair, inclusive hiring process. If you have any questions or concerns about our use of AI, please contact [name/email/phone].
Best regards,
[Recruiter Name]
[Company Name]
Candidate FAQ Template
Provide this FAQ to candidates who have questions (can be posted on career site or sent upon request):
Frequently Asked Questions: AI in Our Hiring Process
Q: Why do you use AI in hiring?
A: AI tools help us efficiently review high volumes of applications and identify candidates whose skills match our job requirements. This allows our recruiters to spend more time on personalized interactions with top candidates. AI assists our process but does not make final hiring decisions—humans do.
Q: Will AI reject my application automatically?
A: [Customize based on your process] AI may screen out applications that clearly don't meet minimum qualifications (e.g., required certifications, years of experience). However, borderline candidates are reviewed by human recruiters, and all final decisions involve human judgment.
Q: How do I know the AI is fair and unbiased?
A: We require all AI tools to undergo independent bias audits. [For NYC] Our most recent audit results are publicly available at [URL]. We monitor AI performance continuously and will discontinue any tool found to produce discriminatory outcomes.
Q: Can I opt out of AI evaluation?
A: Yes. You have the right to request an alternative evaluation process that does not use AI. Contact [email/phone] and we'll arrange a human-only review. Opting out will not negatively impact your candidacy.
Q: What if I have a disability that makes AI assessment difficult?
A: Please contact [email/phone] to request accommodations. We can provide alternative formats, extra time, assistive technology support, or human-only evaluation. We're committed to accessibility.
Q: What data does the AI collect about me?
A: [List specific data based on your tools - e.g., "resume content, video/audio from interviews, assessment responses, timing data"]. We do not collect protected class information (race, religion, age, etc.) for use in AI evaluation. Demographic data collected via EEO forms is not shared with AI tools.
Q: How long do you keep my AI evaluation data?
A: [Specify retention period based on your policy and state law - e.g., "We retain evaluation data for [X months/years] or until you request deletion, whichever is sooner."]. You may request deletion by contacting [email].
Q: Can I see my AI scores or how I was evaluated?
A: You may request information about how AI was used in your evaluation by contacting [email/phone]. We'll provide a summary of the AI's assessment, though detailed algorithms are proprietary.
Implementation Checklist
Use this checklist to deploy your AI hiring disclosures compliantly:
Pre-Deployment
- ☐ Customize templates for your specific AI tools
- ☐ Verify disclosure language covers all jurisdictions where you hire
- ☐ Legal review of final disclosure and consent language
- ☐ Identify contact person/department for candidate questions
- ☐ Create internal process for handling opt-out requests
- ☐ Train recruiters on disclosure timing and consent collection
Job Posting Integration
- ☐ Add AI disclosure snippet to job posting template
- ☐ Update career site FAQ with AI information
- ☐ Include link to full disclosure in application
Application Stage
- ☐ Present full disclosure before candidate proceeds with AI-assessed stages
- ☐ For consent-required states: collect affirmative opt-in
- ☐ Log consent timestamp and disclosure version
- ☐ Provide easy opt-out mechanism
Assessment Invitation
- ☐ Send email notice with disclosure attached (for NYC 10-day rule)
- ☐ Confirm candidate understands AI will be used
- ☐ Remind of accommodation request option
Ongoing Compliance
- ☐ Update disclosures when AI tools change
- ☐ Update bias audit information annually (for NYC)
- ☐ Monitor opt-out rates (high rates may indicate disclosure issues)
- ☐ Retain consent records per state law requirements
- ☐ Review and update language as regulations evolve
Jurisdiction-Specific Customizations
New York City (Local Law 144)
Additional requirements:
- Notice must be given at least 10 days before AEDT use
- Must include job qualifications and characteristics the AEDT assesses
- Must link to publicly posted bias audit summary
- Must explain data retention and access policies
Illinois (AIVIA)
Additional requirements:
- Explicit written consent required before AI evaluation
- Must explain what characteristics AI analyzes
- Must provide alternative for candidates who decline
- Must offer data deletion within 30 days upon request
Colorado (AI Act)
Additional requirements:
- Notice must include information about impact assessments
- Must explain human oversight of automated decisions
- Must provide meaningful opt-out with alternative process
- Must include information about data minimization practices
California (AB 2930)
Additional requirements:
- Disclosure before AI tool use (pre-application recommended)
- Must inform of annual bias testing
- Right to human review of decisions
- Data privacy protections (align with CCPA)
Common Disclosure Mistakes to Avoid
❌ Burying Disclosure in Terms of Service
The problem: Generic "we may use technology" language buried in 20-page T&Cs doesn't count as compliant disclosure.
The fix: Standalone, prominently displayed disclosure that candidates must acknowledge.
❌ Vague "AI May Be Used" Language
The problem: "We may use artificial intelligence" without specifics doesn't meet most state requirements.
The fix: Specific disclosure of which tools, what they evaluate, and how they influence decisions.
❌ Wrong Timing
The problem: Disclosing AI use after the candidate has already been evaluated.
The fix: Disclose before AI evaluation begins; for NYC, at least 10 days in advance.
❌ No Opt-Out Mechanism
The problem: Disclosure mentions rights but provides no way to exercise them.
The fix: Clear contact information and process for opting out or requesting accommodations.
❌ One-Size-Fits-All for Multiple Tools
The problem: Using identical disclosure for resume screening AI and video interview AI when they evaluate very different things.
The fix: Tool-specific disclosures or comprehensive disclosure covering all tools with detail.
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Frequently Asked Questions
Can we use the same disclosure for all states?
Yes, if you build to the highest standard. The comprehensive template above satisfies NYC, Illinois, Colorado, and California requirements. Using this everywhere ensures you're never out of compliance, even if you're not sure where a candidate is located.
Do we need separate disclosures for each AI tool, or can we combine them?
You can combine multiple tools in one disclosure as long as you're specific about what each tool does. The template above shows how to list multiple tools with their respective purposes.
How often should we update our disclosure language?
Update whenever: (1) You add/remove AI tools, (2) You change how tools are used, (3) Laws change in your hiring jurisdictions, (4) You conduct new bias audits (NYC requires updated audit info). Review at least annually.
What if a candidate says they didn't see the disclosure?
This is why documentation is critical. Log when disclosures are presented, require acknowledgment (checkbox, signature), and retain records. If a candidate claims they weren't notified, your records prove otherwise.
Can we require consent as a condition of application?
Risky. While not explicitly prohibited everywhere, mandatory consent may produce discriminatory outcomes if certain groups decline at higher rates. Safer: offer alternative evaluation for those who don't consent.
Related Resources
- AI Hiring Compliance Guide 2026
- State-by-State AI Hiring Laws
- Illinois AIVIA Compliance
- Candidate Rights Under AI Hiring
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Employment laws vary by jurisdiction and change frequently. Consult a qualified employment attorney for guidance specific to your situation. EmployArmor provides compliance tools and resources but is not a law firm.