Hire Smarter, Fairer: Avoid Discrimination With These 5 AI-based video Tips

The job market is absolutely saturated–and HR pros and hiring managers are at their wit’s end. To say they are overwhelmed as they source and sort through resumes is an understatement. Plus, that doesn’t even begin to scratch the surface on actually handling the interview process. And there’s the reason why AI-based video assessments are totally transforming hiring and HR practices. 
However, while this technology is groundbreaking, if you’re not careful it can also land your business in legal hot water. 

From unconscious bias to data privacy violations, the risks are completely real. As such, in this article, we’ll walk you through five practical, legally sound strategies to avoid discrimination while still harnessing the power of AI in your hiring practices. 
It really doesn’t matter if you’re a startup using off-the-shelf tools or a large enterprise building an internal system, here’s what you need to know about protecting your brand, your applicants, and yourself. 

What Are AI-Based Video Assessments?

AI-based video assessments use machine learning algorithms to analyze candidate videos, which are typically recorded interviews. Then, they evaluate traits such as speech, facial expressions, tone, and keywords. Ultimately, they’re marketed as tools for improving hiring speed and objectivity. However, in reality, they often inherit or amplify human bias that has been baked into their training data. 

Here are a few noteworthy concerns: 

• Algorithms might favor certain accents or facial features.
• Marginalized groups could be unfairly screened out.
• Candidates may not understand how they’re being evaluated.

A business must avoid any form of discrimination–unintended or not. Otherwise legal and financial problems could ensue. 

5 Ways to Avoid Discrimination with AI Tools

Here are five actionable and legally compliant strategies to prevent discrimination while effectively leveraging AI in your hiring processes:

Step 1: Vet Your Vendor for Bias Mitigation

Not all AI assessment tools are created equal. When choosing a vendor:

• Ask about their data sources and training methods.
• Require transparency around bias audits and model explainability.
• Look for third-party validation or peer-reviewed methodologies.

EVA-SSESS, for example, provides full transparency into how its AI models are trained and regularly audited to ensure they meet global fairness and compliance standards. Their algorithms are designed to reduce bias rather than reinforce it—making them one of the few platforms that offer explainable and defensible AI in recruitment.

If a vendor can’t tell you how their model avoids racial or gender bias, that’s a red flag.

Step 2: Use Structured Interviews and Questions

One of the best ways to reduce bias is consistency:

• Ask all candidates the same questions in the same format.
• Time limits and topic prompts help level the playing field.
• Avoid “off-script” interactions that could skew the analysis.

AI performs best, as well as most fairly, when fed clean, consistent data.

Step 3: Offer Human Review and Candidate Opt-Out

Give candidates options:

• Let them opt out of AI analysis and choose a human interview instead.
• Ensure a human reviews all final hiring decisions.

Remember automation should assist human judgment–it should never replace it. A fair system keeps real people in the loop as well as the playing field leveled.

Step 4: Train the AI—And Yourself

Bias isn’t just a tech issue. In reality, it’s a team issue:

• Ensure your hiring team understands how the AI works.
• Run periodic audits and check for disparate outcomes by gender, race, or disability status.
• Update models regularly as your workforce and applicant pool evolve.

Step 5: Understand the Legal Framework

There’s no universal law for AI hiring (at least not yet), but these apply:

• EEOC regulations around fairness and adverse impact.
• ADA requirements for accessibility.
• State-specific laws like Illinois’ Artificial Intelligence Video Interview Act as well as Local Law 144 in New York City. 
• Upcoming legislation in Colorado, Texas, and Maryland focused on AI transparency.

This isn’t just about avoiding lawsuits when using AI in hiring processes. Rather, it’s about hiring ethically and defensibly.

Why Legal Structure Still Matters?

Even if you do everything right, AI-based hiring assessments carry legal risk. That’s where your business structure comes into play. 

Consider the following: 

• Operating under a Limited Liability Company (LLC) helps shield your personal assets if a candidate sues for discrimination. 
• If you run multiple brands or job platforms, consider forming separate LLCs to isolate liability. 
• Every LLC should have an Employer Identification Number (EIN) for banking and tax purposes. 
• Additionally, you’ll also need a registered agent to receive legal documents, especially if you’re operating across state lines. 

For example, if you’re hiring remotely in New York, you might want to explore how to form an LLC in New York to stay compliant and covered. 

FAQs About AI-based video Assessments and Discrimination

Q: Are AI-based video assessments legal?
Yes. However, they must comply with existing anti-discrimination laws like Title VII and ADA. Some states like Illinois and cities such as New York City also have specific AI laws.

Q: Can a candidate sue over AI-based discrimination?
Absolutely. If the algorithm creates disparate impact, your company may be liable. It doesn’t even matter if you didn’t build the AI yourself and are using a third-party system.

Q: Do I have to disclose the use of AI in hiring?  
In some states, yes. And ethically, it’s always a good idea to be transparent.

Q: What if I’m a small business or startup?
You’re still on the hook legally. Using a proper business structure (like an LLC) and having clear compliance policies is essential.

Q: How do I find AI tools that are compliant?  
Look for vendors with published audit results, transparent model documentation, and human-in-the-loop options. The AI-based video interviewing tool from Elevatus set an industry benchmark by combining transparency, fairness, and advanced automation in one smart solution.

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