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Version 2026-09-13.1 · Permanent link to this version · U.S. legal documents
Version history
- Version 2026-09-14.2 — Prepared 2026-09-14 · Draft — not published
- Version 2026-09-14.1 — Prepared 2026-09-14 · Draft — not published
- Version 2026-09-13.1 — Prepared 2026-09-13 · Draft — not published
1. What this guide covers
This guide explains how to use Evidize for hiring in the United States: the legal requirements that may apply, the controls Evidize provides, and the work your organization remains responsible for. It covers private employers and staffing agencies hiring for U.S. jobs, with candidates completing assessments while physically in the U.S. Government and government-contractor hiring are outside the supported scope.
Evidize can analyze applications, rank candidates and run interview security checks automatically once the relevant requirements are met. Your organization chooses the job criteria and makes hiring decisions. You do not need to approve every AI calculation.
2. Who does what
Evidize provides: general privacy and state notice wording, fields for your organization's details, checks for recorded notice requirements, candidate request records, review records and access to supporting evidence. Evidize is also responsible for the legal duties that apply to its own processing and services.
Your organization provides: accurate information needed for its notices and intended use, and any audit or assessment required for that use. It is responsible for lawful hiring decisions, required accommodations and requests that the law requires it to answer.
For recruiters: normal day-to-day work is reviewing candidate evidence, responding to requests and arranging interviews. An organization administrator should complete the shared setup and obtain any required specialist work. A recruiter is not expected to write the general legal notices or personally conduct an independent bias audit.
3. What to complete in the portal
Open Compliance → Hiring Controls. Your administrator supplies the organization, job and location information, completes the applicable notice fields, and provides any required supporting documents. Evidize uses those facts to identify the requirements included in its checks. State requirements depend on the job, people and processing involved; they are not imposed on every organization simply because Evidize serves that state.
The general notice wording is provided. Your organization completes its own factual information in the portal and checks the resulting notice before publication. Keep that information current when a job, tool, purpose or contact changes. A status of “Ready” means the recorded prerequisites satisfy the platform's checks; the organization remains responsible for the accuracy of its information and the lawful use of the tool.
4. The law, Evidize's controls and your duties
Which state rules apply?
The legal requirement: coverage depends on the particular law. Relevant facts can include where the employer operates, where the job or associated office is, where a candidate lives and where an assessment happens. A company's headquarters alone does not answer every question.
What Evidize does: records those facts separately and uses them to select applicable checks. The state guide explains the additional notice rules and their effective dates.
In the portal: provide the facts needed to assess your use. Evidize pauses the affected feature when a required coverage assessment is missing. A New York employer is not automatically subject to California rules, but collecting a California applicant's information can bring that collection within California privacy law.
Explain data collection and AI use
The legal requirement: notice content and timing depend on the law and activity. California's CCPA, where it applies, requires collection categories, purposes, sale or sharing information, and retention periods or criteria at or before collection. California notice rules.
What Evidize does: provides its own Privacy Notice and applicable employer notice templates. It keeps the completed notice version and delivery evidence separate from any consent or contractual acceptance. Supported workflows check for required current notice information before the affected use.
Your part: complete the factual fields required by the applicable notice and check that they match the actual use. Not every notice requires tool versions, data sources, retention details or an email address. Supply notices required outside Evidize, and obtain permission where the activity requires it.
Arrange a bias audit where required
The legal requirement: covered New York City automated hiring tools need an independent bias audit within the preceding year, public audit results and the required advance notice. The notice period is ten business days; a qualifying website notice can meet that period before a later applicant arrives. This is not an audit requirement for every Evidize customer. NYC requirements.
What Evidize does: provides fields for the audit and public summary, stores the published notice, and checks the relevant audit and notice evidence. Its notice workflow tracks the applicable advance period.
What your organization must do: obtain a qualifying independent audit when covered, supply the actual results and keep them current. Evidize does not act as the independent auditor. Publishing an audit is not a finding that the tool satisfies every discrimination law.
Use job-related evidence and review hiring outcomes
The legal requirement: federal and state discrimination laws apply to AI-assisted hiring. Under Title VII, a selection practice that disproportionately excludes a protected group must satisfy the applicable job-relatedness and business-necessity standard; other laws have their own tests. EEOC selection guidance.
What Evidize does: distinguishes unresolved qualifications from confirmed failures and records decision evidence. Its supported decision workflows require an authorized person to review that evidence before an AI-supported rejection, exclusion or adverse misconduct finding; the reviewer can change the outcome. This describes a platform control, not a universal legal requirement to review every AI calculation. Automatic analysis and ranking remain available.
Your legal duty: use selection criteria and practices that comply with the applicable discrimination laws. A human review does not by itself make a decision lawful.
Provide accommodations and resolve access problems
The legal requirement: the ADA requires covered employers to provide reasonable accommodations unless doing so would cause undue hardship. Assessments must measure the relevant ability rather than unfairly reflecting a disability. DOJ guidance on AI and disability.
What Evidize does: offers assistance requests and separate access-review records for security or connection problems. A valid clear security result can release access automatically. An unresolved access problem does not automatically become a rejection, withdrawal or no-show in this workflow.
Your legal duty: assess accommodation requests and provide a reasonable accommodation when required. An alternative assessment or rescheduling may be appropriate, depending on the person's needs and the job.
Answer requests and correct information
The legal requirement: applicable laws can give people rights to access, correct or delete information, obtain an explanation, opt out of particular processing, or request reconsideration. The available rights and deadlines vary by state and activity.
What Evidize does: provides a request process and records for assignment, deadlines and responses. Its correction workflow can identify affected assessments for updated analysis or review. Evidize assists with information held in its service under the applicable agreement.
What your organization must do: assign someone to assess and answer the request, verify identity where appropriate, and complete any action required in its own records. Explain a lawful refusal or limitation and any applicable appeal route. A submitted request still needs a response from the responsible organization.
Keep the required records and protect them
The legal requirement: covered private-employer hiring records generally have a federal one-year minimum. California generally requires four years for covered employment records. The period runs from record creation or the relevant personnel action, whichever is later; complaints and other applicable rules can require longer retention. Federal recordkeeping; California recordkeeping.
What Evidize does: maintains versioned notice and review evidence, restricts records by organization, and supports retention, legal-hold and export records. The Privacy Notice explains retention and deletion, including the handling of other copies.
What your organization must do: supply the applicable retention instructions, notify Evidize of a preservation need and protect downloaded or externally held copies. Do not delete required evidence merely because an application has ended. Verify the outcome of a deletion request across the systems your organization controls.
Prepare for dated requirements and special features
The legal requirement: additional automated-decision notices take effect for covered California and Colorado uses on January 1, 2027, and for the specified Connecticut employment deployments on October 1, 2027. Recording, biometric processing and covered consumer reports have separate notice and permission rules. Ordinary résumé analysis does not trigger every one of those rules.
What Evidize does: identifies phased requirements by date and provides the corresponding general notice wording. Its requirements calendar records assigned work. Conditional templates for recording, biometrics or consumer reports do not activate those capabilities or replace their separate procedures.
What your organization must do: complete any applicable notice, audit, assessment or other dated work for its use. Read the state-specific explanation and the employment-report guide before adding an activity with separate requirements. Notify Evidize when the intended use changes.