Candidate AI Notice and Consent: Clause Set

Scope

Six clauses for telling a candidate that a tool takes part in a hiring process, what it takes part in, and how a yes is recorded. Edit every bracketed field, then send the result to your own counsel before it reaches an applicant.

Notice and consent sit in separate clauses here rather than in one paragraph. Read the duty resolved under each clause, take the clauses those duties reach, and leave the rest in the file for the next place you post a role.

Order of use

1. List the tools that touch an application, the stage each one runs at, and the person who owns it.
2. Write the notice first. Where consent is required, take it after a candidate has read the notice, and never in the same click as the application submit.
3. Offer a route that does not run through the tool, and name a person who answers to it.
4. Keep the wording, its version and the send time. The table near the end says what those records have to support.

Clause 1. Notice that a tool is used

Placement: the application page and the confirmation message, before any tool opens a file.

Clause text:

[employer name] uses software to help review applications for [role]. The software reviews [what it reviews, for example the written answers on this form] and returns [what it returns, for example a summary of those answers against the posted requirements]. A named person at [employer name] reads that output and makes the decision to advance or decline.

Duties behind this clause:

• A bias audit within the prior year, a public summary of its results, and notice to the candidate 10 business days before the tool is used. NYC Admin. Code 20-870 et seq., effective January 1, 2023.
• Artificial intelligence with a discriminatory effect, and zip codes used as a proxy, are civil rights violations; an employer must also notify the employee that AI is used. 775 ILCS 5/2-102(L), effective January 1, 2026.

Before sending: name the stage, name the qualifications the tool is looking at, and leave enough time between the notice and the run that a candidate can act on it. A notice naming no qualification is a notice a candidate cannot act on.

Clause 2. Consent for an analysis of a recorded interview

Placement: its own page, after the notice, before an interview is recorded.

Clause text:

[employer name] would like to record your interview for [role] and have software analyse the recording. Here is how it works: [plain explanation, in the words a candidate would use, of what the software considers and what it returns]. Choose yes to agree. Choose no, and the interview is not recorded and no software analysis takes place; [employer name] will [the route without a recording] instead.

Duty behind this clause: Before an Illinois video interview is analysed by artificial intelligence, notify the applicant, explain what it evaluates, and obtain consent; an applicant who has not consented may not be evaluated. 820 ILCS 42, effective January 1, 2020.

Before sending: the explanation is the part usually missing. Write it before the consent page exists rather than after. A yes taken against an explanation nobody wrote is a yes you cannot show afterwards.

Clause 3. Waiver for a face or voice measurement

Placement: on its own, never folded into the consent above, before an interview at which a face or a voice is measured.

Clause text:

[employer name] asks your permission to use [tool name], which creates a measurement of your [face or voice] from the interview recording. The measurement is used for [purpose]. It is kept until [event or period] and then deleted. [name and role] is responsible for it. Sign below to agree.

Duty behind this clause: No facial recognition service may create a facial template during an applicant's interview unless the applicant signs a waiver stating four things in plain language. Md. Code Lab. & Empl. 3-717, effective October 1, 2020.

Before sending: a face or a voice measurement is a separate ask carrying its own record. Rolling it into the recording consent loses the separation the waiver exists to create, and a signature covering both proves neither.

Clause 4. Vendor terms

Placement: the requisition file and the vendor contract, not the candidate-facing text.

Clause text:

[vendor name] runs [tool name] under [contract reference]. [employer name] issues the notice and holds the consent record. [vendor name] supplies, on request and within [number] working days: what the tool considers, when its wording or model last changed, and any evidence it holds about differences in outcome across groups.

Duty behind this clause: An automated-decision system that makes or facilitates a decision about an employment benefit is subject to FEHA, and using a vendor does not put the employer outside it. 2 CCR 11008, 11008.1, effective October 1, 2025.

Before sending: put the evidence request in the contract rather than raising it after an inquiry arrives. A vendor that cannot say what its tool considers cannot help you write Clause 1.

Clause 5. Alternative route and accommodation

Placement: inside every notice and every consent page, in the same block, never a link away.

Clause text:

If you would rather not have software take part, or you need an adjustment for a disability or a medical condition, write to [contact address] at any point in the process. [employer name] will [what is offered, for example arrange a live interview with the hiring team].

Before sending: offer only what you will actually run, and name the person who runs it. An alternative named and not staffed is worse than none, because it moves a candidate into a queue nobody owns. Check what your own jurisdiction requires you to say here about whether an alternative exists at all, and say that plainly rather than implying more than you offer.

Clause 6. Withdrawal and deletion

Placement: inside the consent page, and repeated in the confirmation message.

Clause text:

You can withdraw your agreement at any point by writing to [contact address]. [employer name] will stop the analysis, delete [what is deleted, for example the recording and any measurement taken from it] within [number] days, and tell you when that is done. [employer name] keeps [what is kept, for example the application form and the interview notes] for [period], because [reason].

Before sending: withdrawal and deletion are two acts and a candidate reads them as one. Say which files go, which stay, and why the ones that stay are staying.

Records a notice has to support

Keep these seven. Each answers a question that arrives months later, from a candidate, from a regulator, or from your own counsel.

Every row is a record type. None of them is a candidate, and no column holds a number standing for one.

Limits

• Clause text for your counsel to edit. Not a policy, not advice, and not a complete process.
• It applies no law to your facts. Which duties reach you turns on where the role sits, where the candidate sits, and how many people you employ, and none of that is settled here.
• Do not type a statute into your edited copy. Each duty above is pulled from the compliance page that owns it, and a copy typed here goes stale with nothing to report it.
• The duties above cover United States jurisdictions only. A duty from anywhere else is absent here, and that absence is not an answer about it.
• Nothing here says a tool is fair, lawful or audited. That is a question about your tool, answered by evidence you hold rather than by wording you send.