AI in hiring beyond the EU: New York City and Illinois

Outside the EU, two US rules already apply to AI in hiring. New York City's Local Law 144 requires a bias audit for automated employment decision tools. Illinois requires notice, an explanation, consent before the interview, and deletion within 30 days on request. A tool built for the EU AI Act meets most of both.

The EU AI Act is the largest rule for AI in hiring, but it is not the only one. Two US rules already apply, and they point the same way: disclose the use of AI, let a person decide, and give the candidate a way to see and control their data. This is a plain-language summary for people who run interviews, not legal advice.

New York City: Local Law 144

New York City's Local Law 144 governs automated employment decision tools, the software that screens or ranks candidates. It requires a bias audit and disclosure.

• An employer or agency may not use an automated employment decision tool "unless the tool has been subject to a bias audit within one year" of its use.
• The audit is by an independent auditor and its summary results are published.
• Candidates are notified that such a tool is used.
• The city's Department of Consumer and Worker Protection began enforcement on 5 July 2023.

The trigger is using a tool to substantially assist or replace a hiring decision. A tool that only records and transcribes is not the target; a tool that scores or ranks candidates is.

Illinois: the Artificial Intelligence Video Interview Act

Illinois regulates AI applied to video interviews. The Artificial Intelligence Video Interview Act (820 ILCS 42) requires, before a recorded video interview is analysed by AI, that the employer:

• notifies the applicant that AI may be used to analyse the interview;
• explains how the AI works and what characteristics it uses to evaluate applicants;
• obtains the applicant's consent before the interview.

It also limits who the video may be shared with, and requires that, on the applicant's request, the employer delete the video within 30 days and instruct anyone who received it to do the same.

How this maps to a tool built for the EU AI Act

A product built for the EU AI Act's requirements, disclosure, human oversight and logging, is most of the way to meeting these US rules. In Vettasy:

• Notice and consent. The use of AI is disclosed in the invitation, on the consent screen and in the app, and the candidate consents before the interview. This matches Illinois directly.
• A person decides. AI drafts scorecards and marks signals; a person confirms every score and makes every decision, and the decision log records it. New York City's concern, an automated tool deciding without oversight, does not arise.
• Deletion. Deletion on request is handled within 30 days, backups included, which meets the Illinois deletion window.

The direction of travel is the same across jurisdictions: tell the candidate, keep a person in the loop, log what happened, and let the candidate see and delete their data. A tool that does those things travels well. None of this replaces advice from counsel on your own obligations.

Sources

• New York City Department of Consumer and Worker Protection, Automated employment decision tools (Local Law 144 of 2021).
• Illinois General Assembly, Artificial Intelligence Video Interview Act, 820 ILCS 42.
• Vettasy, AI Notice and Trust center. See also the EU AI Act and hiring.

Written by the Vettasy team

Vettasy is a desktop application for job interviews. Employers run structured, recorded interviews in it with verified participants. It is free for candidates. Windows and macOS.