For years, buying AI for recruiting was mostly a productivity decision, but it’s also an accountability decision.
As of Oct 1, 2026, Connecticut law bars employers from using automated employment decision tools as a defense against discrimination claims, and requires the AI hiring vendors of those tools to provide compliance documentation to the employers using them.
Starting Oct 1, 2027, employers there must give applicants plain-language notice before AI is used as a substantial factor in hiring decisions. (S2)
Colorado’s amended AI Act, effective Jan 1, 2027, centers on notice, disclosure, correction rights, and human review.
It also splits liability between the companies that build AI tools and the employers that use them. (S3)
In federal court, a closely watched AI hiring-bias case has kept moving.
In late June 2026, the judge declined to dismiss certain disability and state-law discrimination claims against the provider of the hiring software. (S4)
Candidates are paying attention too. A 2025 survey found only 26% of job seekers trust AI to evaluate them fairly.
As a TA leader, the AI hiring vendor you choose is now part of your compliance posture. These seven questions help separate solid answers from sales language.
This post is general information, not legal advice. Talk with your counsel about how these laws apply to your organization.
1. How does your matching actually work?
A good answer explains in plain language what the system evaluates (skills, experience, career trajectory) and what it deliberately ignores.
A red flag is “it’s proprietary” with no further detail, or a system that still scores resumes on exact keywords behind an AI label.
2. Is the methodology your own?
Some tools are a thin interface over a general-purpose language model. Others have a documented methodology the vendor built and can actually speak to—not just repeating features. Ask what sets them apart, and whether it’s protected by a patent or patent application.
- How does the platform audit for bias?
Ask who runs the audit, how often, and whether you can review a summary of the results. “We test internally” is a start, but not where your curiosity should stop. A documented, systematic process and the willingness to share a summary of results signals that fairness is built into the company methodology, not just treated as another checkbox.
4. Does your product do the decision-making?
The new laws put weight on real human review. Ask where people sit in the process, and whether recruiters can override, adjust, or ignore what the system surfaces.
5. What compliance documentation will you provide?
Connecticut now requires developers to give employers compliance documentation. Even outside Connecticut, it’s reasonable to ask for documentation on how the tool works, how it’s tested, and how it handles your candidate data. Having the confidence in providing true transparency is what will allow you to build foundational trust before and after you choose your vendors.
6. How is our candidate data protected?
Look for recognized certifications (SOC 2, ISO/IEC 27001), encryption in transit and at rest, regular third-party penetration testing, and alignment with privacy laws such as GDPR and CCPA.
7. Does it work inside our current systems?
A tool that requires migrating your candidate data to a new platform adds cost, time, and risk.
If you asked us, this is how we would answer:
- Matching: Our contextual matching connects skills, career trajectory, and transferable experience instead of basic keyword hits. For example, Fastr.ai will understand the requirements necessary for your open roles, not just match job titles with job titles.
- Methodology: Fastr.ai is our own patented technology.
- Bias audit: Fastr.ai’s fairness audit was built straight into the platform and runs continuously. The methodology is regularly documented and results are all available upon request.
- Human decisions: Fastr.ai maximizes efficiency by surfacing and ranking matches; recruiters are the ones who decide who moves forward.
- Documentation: Our security and compliance documentation is available for you to review at any time. https://fastr.ai/why-us/enterprise-resources/
- Security: SOC 2 compliant, ISO/IEC 27001 certified, 100% of data encrypted in transit and at rest, annual third-party penetration testing, GDPR and CCPA aligned.
- Integration: Fastr.ai layers onto the ATS you already use, with absolutely no migration.
