AI hiring laws by state: a dated summary for recruiters
On this page
There is no general federal AI hiring law in the United States as of September 2026. Federal anti-discrimination law already covers selection procedures, whoever or whatever produced them, and on top of that a short list of states and cities have AI-specific rules: New York City requires bias audits and notices for automated employment decision tools, Illinois regulates AI analysis of recorded video interviews and AI in employment decisions generally, Maryland requires consent for facial recognition in interviews, California adds privacy and civil rights rules, and Colorado and Connecticut have transparency regimes that start in 2027.
This page is a summary with the dates and links, so you can see the whole map on one screen and then read the detail where it affects you. It is not a substitute for the statutes it cites or for advice in your states.
This is not legal advice, and this list is not exhaustive. Everything here was checked against the statute, regulation or regulator page linked in the last column as of September 2026. Laws in this area change several times a year, states add general AI statutes that touch hiring indirectly, and rulemaking is still running in at least three of these jurisdictions. Confirm with counsel for the states you hire in.
The map in one table
| Where | What it regulates | Core duties | In force | Source |
|---|---|---|---|---|
| New York City | Automated employment decision tools used to screen candidates or employees for NYC-linked roles | Independent bias audit within the past year, public summary of results, notice to candidates at least 10 business days before use | Since January 1, 2023 (enforcement from July 5, 2023) | DCWP |
| Illinois | AI analysis of applicant-recorded video interviews for Illinois-based positions | Notice, an explanation of how the AI works, consent before the interview, sharing limits, deletion within 30 days on request, demographic reporting for employers relying solely on AI | Since January 1, 2020 (reporting since 2022) | 820 ILCS 42 |
| Illinois | AI used in recruitment, hiring and other employment decisions | Civil rights violation to use AI with a discriminatory effect or zip codes as a proxy; notice required | Since January 1, 2026 | P.A. 103-0804 |
| Maryland | Facial recognition services that create a facial template during an interview | Applicant consent by signed waiver naming the applicant, the interview date and the agreement | Since October 1, 2020 | Md. Lab. & Empl. § 3-717 |
| California | Automated-decision systems under the Fair Employment and Housing Act | Unlawful to use an automated-decision system that discriminates; employment records including automated-decision data kept at least four years | Since October 1, 2025 | Civil Rights Department |
| California | Applicant personal information under the CCPA; automated decisionmaking technology under CPPA rules | Notice at collection, rights, retention limits now; pre-use notice, opt-out and access for ADMT used in significant decisions from January 1, 2027 | Applicant data since January 1, 2023; ADMT rules January 1, 2027 | CPPA |
| Texas | Developing or deploying AI with intent to unlawfully discriminate | Intent-based prohibition; disparate impact alone is not enough to show intent; attorney general enforcement with a 60-day cure | Since January 1, 2026 | HB 149 |
| Colorado | Automated decision-making technology that materially influences consequential decisions, including employment | Notice before use, disclosure within 30 days after an adverse outcome, correction and human review rights, three-year records | January 1, 2027 | SB 26-189 |
| Connecticut | Automated employment-related decision technology deployed in the state | Disclosure when a candidate interacts with the technology; a written pre-decision notice with six specified items; using the technology is no defense to a discrimination claim | Discrimination provision October 1, 2026; notice duties for deployments on or after October 1, 2027 | P.A. 26-15 |
| New Jersey | Guidance, not a new statute: algorithmic discrimination under the Law Against Discrimination | Employers can be liable for discrimination from a third party's tool, including failures to accommodate | Guidance issued January 2025 | NJ Attorney General |
What is in force today
New York City: bias audits and 10 business days' notice
Local Law 144 bars using an automated employment decision tool to screen candidates for NYC-linked roles unless it has had an independent bias audit within the past year, a summary of the results is published, and candidates get notice at least ten business days ahead. The definition turns on "simplified output" that substantially assists or replaces discretionary decision making, and DCWP's rules say that phrase does not cover output from tools that transcribe an interview. Employment agencies have their own obligations. Detail, including the three ways a score counts as substantially assisting, is in the Local Law 144 guide.
Illinois: two different laws
The Artificial Intelligence Video Interview Act has applied since January 1, 2020 to employers that ask applicants to record video interviews and use AI to analyze them for Illinois-based positions: notice, explanation, consent, sharing limits and deletion within 30 days of a request. Separately, the Human Rights Act amendment in force since January 1, 2026 reaches any AI used in recruitment, hiring and other employment decisions. The common error that the video interview act started in 2026 confuses the two. See the Illinois guide, which also covers voiceprints under the Biometric Information Privacy Act.
Maryland: consent for facial recognition in interviews
Maryland's statute is narrow and easy to comply with: an employer may not use a facial recognition service to create a facial template during an applicant's interview unless the applicant consents by signing a waiver that states their name, the interview date, that they consent, and that they read the waiver. If your video interview vendor offers any face analysis, this is the question to ask before a Maryland interview.
California: two regimes, both live
The Civil Rights Council's regulations, effective October 1, 2025, apply existing discrimination law to automated-decision systems and require employment records, including automated-decision data, to be kept for at least four years. Separately, applicants have full CCPA rights, which means a notice at collection, retention periods and 45-day responses; interview notes, recordings and AI summaries are all personal information. The CCPA guide for applicant data has the notice template and the January 2027 ADMT dates.
Texas: intent, not impact
The Texas Responsible Artificial Intelligence Governance Act, in force since January 1, 2026, prohibits developing or deploying an AI system "with the intent to unlawfully discriminate against a protected class," and says a disparate impact is not by itself sufficient to show that intent. It is enforced by the attorney general with a 60-day cure period. It is a lighter regime than Colorado's, and it does not displace federal law, which does recognize disparate impact claims.
What is coming
Colorado, January 1, 2027
Colorado repealed its 2024 AI act and replaced it with rules on automated decision-making technology in consequential decisions, which include employment. If a covered ADMT materially influences a hiring decision about a Colorado applicant, you owe a notice before use, a disclosure within 30 days of an adverse outcome, correction and human review rights, and three years of records. The attorney general is required to adopt rules by January 1, 2027, so the detail will move. See the Colorado guide.
Connecticut, October 2026 and October 2027
Public Act 26-15 defines "automated employment-related decision technology" as technology whose output is "a substantial factor used to make or materially influence an employment-related decision," excluding software used incidentally and purely descriptive, diagnostic or statistical information that is not relied on. From October 1, 2026, using such technology is not a defense to a discrimination complaint under section 46a-60, and the commission or a court may consider evidence of anti-bias testing, including its quality, recency and scope. For deployments on or after October 1, 2027, a deployer must disclose when a candidate is interacting with the technology and, before the decision, give a written notice covering: that it is deployed, the purpose and the nature of the decision, the trade name of the technology, the categories of personal data it will analyze and how they will be assessed, the sources of that data, and contact details. Enforcement is by the attorney general as an unfair trade practice, with a 60-day cure for violations occurring on or before December 31, 2027, and no private right of action.
California ADMT rules, January 1, 2027
Businesses using automated decisionmaking technology to make significant decisions, which expressly include hiring, must comply with pre-use notice, opt-out and access requirements by January 1, 2027, with risk assessments on their own schedule.
What did not happen, and why that matters
- Colorado's 2024 act, once treated as the model for state AI regulation, was delayed twice and then repealed and reenacted in a much narrower form before it ever applied.
- California's SB 7, which would have restricted automated decision systems in employment, was vetoed, and the veto was sustained on March 2, 2026.
- Plenty of widely reported bills in other states died in committee.
The practical lesson: build your process around what the output does and who decides, not around one jurisdiction's checklist. A process with a named human decision-maker, a written record of how tool output is used, notices you can adapt, and a retention schedule satisfies most of these regimes with local edits.
Recording consent is a separate question
None of these laws is about recording as such. Whether you may record or transcribe an interview at all is governed mostly by state wiretap statutes, and the answer does not change because no AI is involved. Start with is it legal to record a job interview, the table in two-party consent states, and recording calls across state lines for interviews where the recruiter and candidate are in different states. If you hire in the UK or the EU, data protection comes first: see recording interviews under UK GDPR and the EU AI Act guide.
Working out your own exposure
Four questions decide which rows of the table apply to a given process:
- Where is the job? Illinois' video act keys off positions based in Illinois; NYC's rule keys off roles tied to a city office, including fully remote roles associated with one.
- Where is the candidate? Colorado's rules reach Colorado-resident applicants, California's privacy rules reach California residents, and consent law follows the people on the call.
- What does the tool output? A transcript, a summary, a rating, a ranking, a recommendation. Every statute here is written around output that influences an outcome.
- Who actually decides? Colorado's "materially influence," Connecticut's "substantial factor," California's "substantially replace human decisionmaking" and NYC's "substantially assist or replace" are four ways of asking the same thing. A named human reviewer with authority, who sees more than the score, is the common answer.
Keep the answers in one register rather than in four people's memories:
AI hiring tool register (one row per tool feature)
Tool and feature: [vendor, feature, version]
What it outputs: [transcript / summary / rating / ranking / recommendation]
Who sees the output: [roles]
Weight in the decision: [sole factor / one of several / advisory only]
Human decision-maker: [named role, trained on date]
Can it be overridden: [yes/no, by whom, evidenced how]
Jurisdictions in play: [job location(s), candidate location(s)]
Notices given: [careers page / posting / invitation / pre-use notice]
Audit or testing: [bias audit date, auditor, or anti-bias testing done]
Records kept: [what, where, how long]
Vendor answers on file: [documentation, limitations, training data, deletion]
Reviewed: [date, by whom, next review]
Federal law still does the heavy lifting
Title VII, the ADA and the ADEA apply to a selection procedure however it is produced, and the Uniform Guidelines on Employee Selection Procedures (29 C.F.R. part 1607) apply to tests and other selection procedures used as a basis for employment decisions. A tool that screens out candidates with disabilities, or that scores an accent, creates federal exposure regardless of which state rule applies. Two habits reduce that risk more than any notice: run a structured process where every candidate is asked the same core questions and scored against defined criteria, and keep evidence for each rating. The methods are in evidence-based interview feedback and how to reduce bias in interviews.
Interview Signal is built for that pattern: a transcript and a scorecard whose ratings carry the candidate's own words, with the decision left to the people in the room. Whatever tool you use, the register above and a human who can explain the decision are what these statutes keep asking for.
Questions people ask
Is there a federal AI hiring law in the United States?
No general one as of September 2026. Title VII, the ADA and the ADEA already apply to selection procedures however they are produced, and the Uniform Guidelines on Employee Selection Procedures at 29 C.F.R. part 1607 apply to tests and selection procedures. The AI-specific rules are state and local.
Which law applies when the employer and the candidate are in different states?
It depends on the statute. NYC's rule keys off the job's link to the city, Illinois' video interview act keys off positions based in Illinois, and Colorado's and Connecticut's key off doing business in the state and the person's location. Many recruiting processes trigger more than one.
Does an interview transcription tool make us subject to these laws?
Usually the trigger is a score, ranking, classification or recommendation that influences the decision, not a transcript. Every one of these statutes is written around output that influences an outcome, so the question is what your tool produces and how much weight it carries.
Do these laws replace recording consent rules?
No. Consent to record a conversation is a different body of law, mostly state wiretap statutes, and it applies whether or not any AI is involved.
How often does this change?
Constantly. Colorado repealed and replaced its own AI act before it took effect, and California's SB 7 was vetoed and the veto sustained in March 2026. Re-check before you rely on any summary, including this one.