AI interview laws give job candidates a small set of specific rights, and which ones apply depends on where you live and where the job is. As of October 2026, the main ones are Illinois' Artificial Intelligence Video Interview Act, New York City's Local Law 144, Colorado's rewritten law on automated decision-making, California's rules on automated hiring tools and the EU AI Act. Most give you notice and information; a few add consent, deletion of your video or a human review.
This is a plain-English summary of the official texts, checked in October 2026. It isn't legal advice: laws change and courts interpret them, so check the law where you live. Whatever applies to you, the interview itself is yours to do. Take the assessment yourself and follow the employer's rules — use CoPilot Interview to practice beforehand.
AI interview laws at a glance
| Law | Where it applies | In effect | What it gives candidates |
|---|---|---|---|
| Illinois Artificial Intelligence Video Interview Act | Illinois-based jobs where AI analyzes recorded video interviews | January 1, 2020 | Notice that AI may be used, an explanation of how it works, consent before the interview, limits on sharing, deletion within 30 days if you ask |
| Illinois Human Rights Act, AI provision | Employers covered by the Illinois Human Rights Act | January 1, 2026 | AI in recruitment and hiring can't have the effect of discriminating on protected classes, and ZIP codes can't be used as a proxy; employers also have a duty to give notice of AI use |
| New York City Local Law 144 | Jobs in New York City; notices go to candidates who live in the city | Enforced since July 5, 2023 | A bias audit within a year before use, a published audit summary, notice 10 business days ahead and a way to request information about the tool's data |
| Colorado SB 26-189 | Job applicants who are Colorado residents, among others | January 1, 2027 | Notice before use, an explanation after an adverse decision, correction of factually incorrect data and human review where commercially reasonable |
| California Civil Rights Council rules | Employers covered by California's anti-discrimination law | October 1, 2025 | Automated tools can't be used to discriminate; employers keep automated-decision data for at least four years |
| EU AI Act | AI used in the European Union | In stages from February 2, 2025 to December 2, 2027 | No AI emotion reading at work, being told when you're dealing with AI, and, from December 2027, human oversight and notice for high-risk hiring AI |
The sections below give the detail for each, then a short script for using these rights. For how AI interviews work in the first place, read what an AI interviewer is.
Illinois: notice, consent and deletion
Illinois has the oldest rule on this list. Its Artificial Intelligence Video Interview Act applies when an employer asks you to record video interviews and uses AI to analyze them for a position based in Illinois. Before the interview, the employer must:
- Tell you that AI may be used to analyze your video and consider your fitness for the job.
- Explain how the AI works and what general types of characteristics it uses to evaluate applicants.
- Get your consent. The act says an employer may not use AI to evaluate applicants who haven't consented.
After the interview, the employer may share your video only with people whose expertise or technology is needed to evaluate you. If you ask, it must delete your interviews within 30 days and tell anyone it shared them with to delete their copies, including backups. Employers that rely solely on AI to decide who gets an in-person interview must also report race and ethnicity data to the state every year (820 ILCS 42).
Since January 1, 2026, the Illinois Human Rights Act has also made it a civil rights violation for an employer to use AI in recruitment, hiring and other employment decisions in a way that has the effect of discriminating on protected classes, or to use ZIP codes as a proxy for them (775 ILCS 5/2-102(L)). The same section requires notice when AI is used for those purposes, with the details set by state rules. Our AI in hiring statistics and laws roundup links the public act.
New York City: bias audits and 10 business days' notice
Local Law 144 covers employers and employment agencies that use an automated employment decision tool to substantially help screen or assess candidates for jobs in the city. The city's FAQ says that includes fully remote jobs tied to a New York City office. The rules require:
- A bias audit by an independent auditor within one year before the tool is used, with a summary of the results published.
- Notice, if you live in New York City, at least 10 business days before the tool is used, on the careers page, in the job posting, or by mail or email. It must say that a tool is used and which job qualifications and characteristics it assesses.
- Instructions for asking for an alternative selection process or a reasonable accommodation under other laws, if available. The rules also say employers aren't required to provide an alternative selection process.
- Information about the tool's data. Employers must post their data retention policy for the tool, the type of data collected and its source, plus instructions for a written request, and answer that request within 30 days.
Those requirements come from the city's adopted rules (DCWP rules text). The Department of Consumer and Worker Protection enforces the audit and notice duties and takes complaints through 311; discrimination claims go to the NYC Commission on Human Rights. Our AI interview bias guide explains what the audit does and doesn't measure.
Colorado: a rewritten law that starts in 2027
Colorado passed a broad AI law in 2024 (SB 24-205), delayed it to June 30, 2026, then repealed and re-enacted it before that date. The replacement, SB 26-189, was signed on May 14, 2026, takes effect January 1, 2027 and applies to consequential decisions made from that date, including decisions about employment (Colorado General Assembly). It covers job applicants who are Colorado residents. Where a covered automated tool materially influences a decision about you:
- Notice first. The employer must give clear notice before using the tool, which it can do with a prominent public notice where you interact with it.
- An explanation after a "no." Within 30 days of an adverse decision, it must give a plain-language description of the decision and the tool's role, a way to ask for more information about the tool and the data used, and an explanation of your rights.
- Correction and review. You can ask how to correct factually incorrect personal data and request meaningful human review and reconsideration, to the extent commercially reasonable. The law says it doesn't require correcting opinions, predictions or scores.
Two limits matter. The state attorney general enforces the law, and it creates no new private right to sue. And tools that only summarize or organize information for a person to review, without producing a score, ranking or recommendation that materially influences the outcome, fall outside the definition, which may leave out some AI note-takers. Our guide to AI note-takers in interviews covers those tools.
California and the EU
California
California's Civil Rights Council rules took effect October 1, 2025. They say using an automated-decision system can violate state law if it harms applicants or employees based on protected characteristics such as gender, race or disability, require employers to keep employment records, including automated-decision data, for at least four years, and say automated assessments that draw out information about a disability may count as an unlawful medical inquiry (Civil Rights Council). The rules also name analyzing voice in online interviews as an example of such a system; our guide to whether AI interviews analyze tone of voice covers that part.
European Union
The EU AI Act applies in stages (AI Act application dates):
- Since February 2, 2025: AI that infers people's emotions in the workplace is banned, except for medical or safety reasons (Article 5).
- Since August 2, 2026: AI systems that interact directly with people must be designed to tell them they're dealing with AI, unless that's obvious (Article 50).
- From December 2, 2027: AI used for recruitment or selection, including analyzing and filtering applications and evaluating candidates, is high-risk (Annex III). Employers using it must assign trained people to oversee it and tell candidates they're subject to a high-risk AI system (Article 26). The 2026 Digital Omnibus amendment moved this date from August 2, 2026.
EU data protection law also lets you challenge decisions made solely by automated means; see our guide to asking for a human interviewer instead of AI.
If your location isn't listed
Most places don't have an AI interview law yet, but that doesn't leave you without rights. In the U.S., the Americans with Disabilities Act still requires covered employers to provide reasonable accommodations during hiring, automated formats included, and anti-discrimination laws apply to decisions made with software. Rules are also moving fast: Colorado rewrote its law in 2026 before it took effect. Check your state, province or country's labor or civil rights agency before you rely on anything here.
How to use your rights: what to say
A clear, specific written request gets better answers than a general complaint. Compare these two emails to a recruiter.
Before: "Hi, is it even legal to use AI on me? I don't want my video kept."
After (Example, we wrote it):
"Hello Dana, I'm completing the video interview for the Operations Analyst role. Could you tell me how the AI evaluates responses and what characteristics it looks at? Once the hiring process for this role is complete, please delete my recorded interviews and ask anyone you shared them with to do the same. Thank you, Sam Lee"
The second version names the role, asks for the explanation Illinois requires for Illinois-based jobs, and makes a clear deletion request in writing. Whatever law applies, these habits help:
- Save every notice and consent screen, with the date.
- Note where the job is based and where you live, since both can decide which law applies.
- Ask what the AI evaluates and whether a person reviews every result.
- Ask for an accommodation early and in writing if the format disadvantages you.
- Keep the emails until the hiring process is over.
Knowing your rights doesn't replace preparing. Our free AI interview assistant includes a Mock Interview mode that reads questions aloud and scores each spoken answer out of 10 with what to fix and a model answer, and the free plan covers 15 minutes every day. For answer technique, read how to pass an AI interview.
Know your rights, then rehearse
Answer realistic interview questions out loud and get a score out of 10 with what to fix, so the AI interview isn't your first try.
Try a free AI mock interviewFAQ
Are there laws about AI in job interviews?
Yes, in some places. As of October 2026, Illinois requires notice, an explanation and consent before AI analyzes recorded video interviews for Illinois-based jobs, New York City requires bias audits and advance notice for automated hiring tools, Colorado's law takes effect January 1, 2027, and the EU AI Act regulates hiring AI in stages. Check the law where you live.
Do employers have to tell you if AI is used in an interview?
In some places. Illinois requires notice and consent before AI analyzes a recorded video interview for an Illinois-based job, New York City requires notice 10 business days before an automated tool is used on candidates who live in the city, and Colorado requires notice from 2027. Elsewhere it depends on local law and the employer.
Can I make an employer delete my AI video interview?
Under Illinois law, yes, for Illinois-based jobs: if you ask, the employer must delete your interviews within 30 days and tell anyone it shared them with to delete their copies. Elsewhere, ask the employer about its retention policy and any data rights where you live.
What is NYC Local Law 144?
It is a New York City law, enforced since July 5, 2023, that bars employers and employment agencies from using an automated employment decision tool unless it had a bias audit within a year before use, a summary is published, and candidates who live in the city get notice at least 10 business days before use.
Does the EU AI Act ban AI interviews?
No. It bans AI that infers emotions in the workplace, with medical and safety exceptions, and classes AI used to evaluate candidates as high-risk. Those high-risk rules, including human oversight and telling candidates, apply from December 2, 2027.
Is the Colorado AI Act in effect?
Not yet. Colorado repealed and replaced its 2024 AI Act with SB 26-189, signed May 14, 2026. The new law takes effect January 1, 2027 and applies to consequential decisions, including employment decisions, made from that date.