Compliance Tool · AI & Emerging Tech

Employment AI Risk Assessment

Resume screeners, video-interview scorers, scheduling optimizers, and productivity-monitoring tools decide who gets hired, promoted, and let go, and they carry their own body of law separate from the clinical AI rules. This is the workforce companion to the clinical AI Risk Assessment: the Title VII, ADA, and ADEA duties that reach any selection tool, the EEOC position that an employer stays liable even when a vendor built the tool, the state and local rules that now require bias audits and candidate notice, and the governance that plugs workforce AI into your existing compliance program. Check items off as you confirm them; your progress saves in this browser.

Sources: 29 CFR Part 1607 ↗  ·  EEOC publications ↗  ·  NYC Local Law 144 ↗  ·  Illinois AIVIA ↗  ·  Colorado SB 26-189 ↗  ·  Compiled July 20, 2026; Colorado correction reviewed September 7, 2026; reverified September 20, 2026: the Colorado framework, the status of the EEOC AI technical assistance, every CFR citation on this page against the current eCFR, and Federal Register activity on the cited parts since compilation, which surfaced the pending Part 1602 reporting proposal noted in the federal lane. State and local items other than Colorado were not reverified

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Items are grouped into five lanes. Inventory enumerates every workforce AI tool and the employment decision it touches, because a tool nobody listed is a tool nobody validated. Federal antidiscrimination covers the Title VII disparate-impact, ADA, and ADEA duties that reach any selection procedure, automated or not, and the EEOC position that the employer is on the hook even when a vendor built the tool. State and local covers applicable current New York City, Illinois and California duties, plus preparation for Colorado SB 26-189 duties beginning January 1, 2027. Notice and transparency covers what applicants and employees have to be told and their path to human review. Vendor and governance covers contracting for bias-audit evidence and mapping workforce AI onto the same compliance program that governs the rest of the organization. Items badged High exposure carry direct statutory liability rather than process risk.

Inventory

Every workforce AI tool listed, its owner, the employment decision it drives (hire, promote, schedule, discipline, terminate, pay), and whether it makes or only supports the decision. Shadow HR-AI hunted, biometric tools flagged.

Federal Antidiscrimination

Title VII disparate-impact validation and the four-fifths check, ADA accommodation and screen-out risk, ADEA age-proxy risk, EEOC guidance, and the employer’s own liability for a vendor tool.

State & Local

NYC Local Law 144 independent bias audit and notice, the Illinois AI Video Interview Act, Colorado SB 26-189 preparation for January 1, 2027, and California’s FEHA automated-decision rules and recordkeeping.

Notice & Transparency

Telling applicants and employees when AI is used, offering an alternative or accommodation, and a real path to human review and appeal of an adverse automated decision.

Vendor & Governance

Contract terms that require bias-audit evidence and validation data, a written workforce-AI policy and approval gate, HR and manager training, a reporting channel, and monitoring, mapped to the OIG seven elements.

EEOC AI technical assistanceWithdrawn from publication January 2025 after EO 14179; Title VII, the ADA and the Uniform Guidelines at 29 CFR Part 1607 are unchanged
NYC Local Law 144 bias-audit enforcement beganJuly 5, 2023
NYC Local Law 144 bias audit currencyNo more than one year old, published on the careers site
Illinois AI Video Interview Act effectiveJanuary 1, 2020 (AIVIA); Illinois HB 3773 FEHA AI amendment January 1, 2026
California FEHA automated-decision-system regulations operativeOctober 1, 2025
California ADS employment recordkeeping periodFour years
Colorado replacement ADMT framework (SB 26-189)Covered duties begin January 1, 2027; enacted May 14, 2026. Recheck implementing rules before operational use.
Title VII adverse-impact benchmarkFour-fifths (80%) rule of thumb, Uniform Guidelines 29 CFR Part 1607
Illinois BIPA workforce biometricsWritten consent and retention schedule before capture (740 ILCS 14)

This risk assessment compiles selected federal, state, and local requirements that bear on employers using artificial intelligence in workforce decisions (among them Title VII, the ADA, the ADEA, the Uniform Guidelines on Employee Selection Procedures, EEOC guidance, New York City Local Law 144, the Illinois AI Video Interview Act and BIPA, the Colorado AI Act, and California FEHA automated-decision regulations), for general compliance-learning purposes. Employment-AI law is expanding quickly and this is not a complete inventory; the state and local items flag major laws but do not capture every jurisdiction, and it does not address wage-and-hour, labor-relations, or non-employment AI law. This is not legal advice. Brandon Goulter is not an attorney, and using this tool creates no professional advisory relationship. Verify current requirements against primary sources and confirm your own program’s compliance with a licensed employment attorney before relying on this tool. Checked items are stored only in your browser’s local storage, nothing is transmitted or saved to any server.

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