AI-led job interviews are not automatically unfair, but they can be discriminatory if they screen out a qualified applicant with a disability or judge traits that are not actually needed for the job. Candidates can contact the recruiter or the employer’s accommodation contact, explain the barrier, and request an accessible way to complete the interview.
When can an AI interview be unfair?
The Americans with Disabilities Act (ADA) applies to employment selection, including hiring technology. As the U.S. Department of Justice (DOJ) puts it, “The ADA applies to all parts of employment, including how an employer selects, tests, or promotes employees.” Using software does not transfer or remove an employer’s responsibility to avoid disability discrimination. DOJ guidance on algorithms, AI, and disability discrimination in hiring
A tool may create a problem if it screens out a qualified person because of a disability or evaluates a disability-linked trait that is not necessary for the role. For example, a system that relies on speech, facial expression, eye movement, or response speed may raise concerns if those measures are not job-related or prevent a disabled applicant from participating equally. Applying the same tool to everyone does not, by itself, establish that its design or use is fair.
What accommodations can candidates request?
Employers must provide reasonable accommodations during hiring unless doing so would create an undue hardship. An accommodation may address an inaccessible interview platform or format rather than the job itself. DOJ guidance gives the example of an interview program that is incompatible with a blind applicant’s screen reader; an accessible version or another reasonable adjustment may be needed.
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Depending on the person and role, a candidate might ask for an accessible version of the platform, a human interview, more time, an interpreter, or another format. These are possible approaches, not guarantees that every specific request must be granted in every situation.
How to request an accommodation
- Contact the recruiter or accommodation contact. Raise the issue as soon as you know the interview format creates a barrier.
- Identify the stage and barrier. Briefly describe what is inaccessible—for example, a screen-reader incompatibility, timed response format, or communication modality.
- Ask for a workable change. State the accommodation you believe would allow you to participate, or ask what accessible alternatives are available.
- Ask about the process. You can request information about the tool, how you will be evaluated, and whom to contact if more information is needed.
Sample message: “I’m scheduled to complete the automated interview for [role]. The current format creates an access barrier because [brief description]. Could you provide [specific change] or another accessible way to complete this interview? Please let me know the process and contact if you need more information.” This is an example, not a required legal form or script.
What should the employer explain?
DOJ guidance says employers may need to explain the type of technology being used and how applicants will be evaluated, with enough information for a candidate to decide whether to request an accommodation. It also advises employers to ensure that requesting an accommodation does not harm the applicant’s candidacy. These practices support accommodation obligations; they are not a universal, detailed disclosure mandate for every AI hiring tool in every jurisdiction.
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The accommodation question concerns access to the hiring process. The Equal Employment Opportunity Commission (EEOC) says employers may ask whether an applicant needs an accommodation for that process. Generally, before making a job offer, employers are restricted from asking whether an applicant will need an accommodation to perform the job, subject to exceptions. EEOC guidance on pre-employment disability-related questions
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New York City has additional rules for covered automated employment decision tools. Local Law 144 requires covered employers and employment agencies to meet specified conditions before using a covered tool, including a bias audit, public information, and candidate notice. The NYC code also addresses information about job qualifications and characteristics used by a tool. Whether those requirements apply depends on the tool and hiring context; they are not a nationwide rule. NYC information on automated employment decision tools
Separately, the NYC Commission on Human Rights notes that employment technology may violate local disability protections if applicants cannot request reasonable accommodations or use an alternative way to apply. NYC Commission on Human Rights guidance on employment technology
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How to assess an interview process
If you are deciding whether to use or challenge a particular process, focus on the barrier and what the interview measures rather than the “AI” label. Useful questions include:
- Can you use the platform with your disability and assistive technology?
- Does the assessment measure skills relevant to the job, or traits such as speech, eye movement, facial expression, or speed that may not be required?
- Is a human interview or another accessible format available?
- Does the employer explain what information or traits the tool evaluates?
- Can you request an accommodation without being penalized in the hiring process?
Federal guidance and New York City rules do not cover every state, local, or international requirement. For a specific dispute, check the law and complaint options for the job location and employer. This article provides general information, not individualized legal advice.
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