AI hiring compliance for 2026: Key insights from Hirevue experts

As artificial intelligence continues to revolutionize talent acquisition, organizations must navigate the complex regulatory landscape governing its use. At Hirevue’s webinar, AI Compliance in 2026: What Talent Teams Need to Know, Hirevue ‘s Chief Legal Officer, Naz Scott, and Chief Science Officer, Mike Hudy, shared critical insights on emerging regulations, best practices, and how companies can leverage AI responsibly while maintaining compliance in this evolving space.  

The regulatory landscape: A snapshot of key changes

Naz Scott opened the discussion with an essential overview of emerging AI regulations, calling attention to the rapid changes across the globe. She emphasized how compliance is becoming increasingly complex as new laws intersect with existing frameworks like the U.S. Equal Employment Opportunity Commission (EEOC) guidelines and the General Data Protection Regulation (GDPR) in the European Union.  

Her overview focused on laws such as New York’s Local Law 144, the Illinois AI Employment Act, and the upcoming implementation phases of the EU AI Act—an impactful regulation split into low, high, and prohibited risk categories. She noted how this “risk-based approach” aims to curb unethical AI usage, such as discriminatory algorithms, while fostering accountability. Key highlights from these developments include: 

• EUAIA Enforcement Timeline: Originally slated for August 2026, there’s a potential delay to 2027 due to the Digital Omnibus Act.  
• Illinois AI Employment Act: Prohibits discriminatory proxy measures like ZIP codes and mandates transparency around AI usage.  
• California FEHA Amendment: Bolsters record retention policies (from two to four years) and formalizes obligations for accommodating candidates unequally impacted by AI assessments.  

Naz also stressed how Hirevue proactively supports compliance, providing features that enable companies to configure data retention settings and deliver custom documentation, ensuring adherence to regional laws. 

Bridging legal and scientific expertise in AI

One of the session’s standout moments came as Scott and Hudy reassured attendees that AI regulations are not meant to prohibit its use in hiring outright. Rather, they promote responsible practices that align with long-standing employment frameworks like Title VII and the Uniform Guidelines on Employee Selection.  

Hudy emphasized that most foundational practices in industrial organizational psychology remain valid in the AI era. 

These include:  

• Job relevancy: Employers must establish that AI assessments measure competencies explicitly linked to job performance. 
  
• Transparency: Candidates should understand how AI is being used and have the option to opt out, ensuring informed consent.  
• Alternative Paths: Providing non-AI evaluation methods for candidates uncomfortable with automated systems. 
  
• Bias Monitoring: Regularly evaluating hiring outcomes to identify and mitigate disparities. 
  
• Documentation: Maintaining robust records for auditing and compliance needs—critical as laws introduce stricter audit trails, such as FEHA in California.  

Hudy noted that these are not entirely new concepts but extensions of existing compliance practices adapted to AI technologies.

AI’s role in promoting fairness

While skepticism about AI in employment persists, Scott and Hudy agree that AI can improve fairness—offering consistent measurement and better documentation compared to human decision-making. Scott noted:  

“Where you’re using AI technology, you can consistently have documentation on how the tool worked the way it should have worked versus relying on a hiring manager to take notes,” said Scott.  

Hudy reinforced this, stating that candidates increasingly view AI evaluations as unbiased compared to human reviewers.  

“Candidates are seeing it in the majority of times now as a way of being more fair than leaving it to human evaluators,” emphasized Hudy.  

This shift in perception is attributed to the responsible use of AI by organizations and improvements in explainability and transparency over the past several years.  

Complexity in global compliance

The webinar also addressed challenges surrounding the patchwork of global AI regulations, particularly in regions like Europe, North America, and Asia-Pacific. For example, Scott pointed out tensions between the EU AI Act’s conformity assessments and GDPR’s commitment to data minimization—a dichotomy requiring organizations to tread carefully.  

Further insight was shared about regional nuances:  

• Asia-Pacific: Countries like Singapore and China are emerging as early adopters of AI regulations, each with frameworks varying between principles and prescriptive requirements.  
• Colorado AI Act: This state legislation mirrors the EU AI Act’s risk-based approach and assigns dual responsibilities to “providers” (developers) and “deployers” (users) of AI technologies.  

Scott advised talent professionals to adopt a proactive mindset, “This stuff is changing very, very fast… it will become stale, and it’s not the source of truth. But it absolutely gives you an initial resource.”  

Best practices for implementing AI tools

As compliance grows stricter, the trio provided actionable recommendations to help talent teams navigate AI adoption:  

• Research vendors: Evaluate vendors not based on promises of bias elimination but on their commitment to transparency, mitigation strategies, and robust documentation. 
• Consider existing frameworks: Leverage established compliance steps in hiring, such as job analysis, consistent candidate evaluation, and data audits, to extend them into your AI strategy. 
• Promote candidate comfort: Customize communication touchpoints explaining AI usage, fostering trust without alienating candidates unfamiliar or uncomfortable with artificial intelligence.  

Preparing for compliance in 2026 and beyond

The AI Compliance in 2026 webinar served as a roadmap for HR and TA professionals, providing clarity on the legal requirements and best practices needed to responsibly integrate AI into hiring processes. As regulations continue to evolve, Scott and Hudy emphasized the need for transparency, robust documentation, and fairness—not as new concepts but extensions of existing frameworks.  

Organizations are increasingly realizing that AI, when implemented properly, can improve hiring equity while adhering to regulatory requirements. 

Preparing for compliance in 2026 and beyond

The AI Compliance in 2026 webinar served as a roadmap for HR and TA professionals, providing clarity on the legal requirements and best practices needed to responsibly integrate AI into hiring processes. As regulations continue to evolve, Scott and Hudy emphasized the need for transparency, robust documentation, and fairness—not as new concepts but extensions of existing frameworks.  

Organizations are increasingly realizing that AI, when implemented properly, can improve hiring equity while adhering to regulatory requirements. 

With expert guidance from Hirevue, talent teams can stay ahead, ensuring compliance and inclusivity in their hiring strategies. Whether you’re actively testing AI solutions or just beginning to explore its capabilities, this insightful session highlights the importance of staying informed, proactive, and agile in the face of change.