ADA & EEOC Compliance in Digital Interviewing

An estimated 386 million working-age people around the world have some form of disability, according to the International Labor Organization. Coupled with the World Economic Forum reporting that most professionals will work up to a dozen jobs over their lifetime, this means nearly every employer will, at some point, receive applications from candidates with diverse abilities and accessibility needs.

Every applicant deserves an equal opportunity to be considered and to move through the hiring process without facing barriers or the impact of bias. And digital interviewing has undoubtedly made that easier in many ways, by allowing candidates to record responses on their own time and participate remotely. Yet without proper design and oversight, these same technologies can also create new accessibility challenges, from software that doesn’t support assistive tools to automated systems that unintentionally screen out qualified candidates.

To stay compliant and create a fair experience, HR leaders and hiring teams need to understand two key frameworks: the Americans with Disabilities Act (ADA), and the Equal Employment Opportunity Commission (EEOC). This article explores what ADA and EEOC compliance in digital interviewing looks like, and why it matters when evaluating accessible recruitment tools.

Understanding ADA and EEOC Requirements

Accessibility and anti-discrimination laws both apply to digital interviewing. In particular, the Americans with Disabilities Act (ADA) and the Equal Employment Opportunity Commission (EEOC) regulations guide how employers approach this process. Understanding both is key to building fair and compliant interview practices.

What the ADA Covers

The Americans with Disabilities Act is a civil rights law that protects people with disabilities from being discriminated against, both in employment and daily life. For employers, this means making sure every part of the hiring process, including applications, interviews, and assessments, is easily accessible for people with a wide range of disabilities. 

Zooming in on digital interviews, every video platform, interview scheduling portal, or assessment tool used as part of the hiring environment should be accessible. If a candidate can’t fully participate because the software lacks captioning or doesn’t offer assistive technology, it may violate the ADA’s “effective communication” standard.

Employers also have an ongoing duty to provide reasonable accommodations when requested, making sure every digital interview attendee has a fair opportunity to demonstrate their qualifications. Examples include: 

• Offering an interpreter
• Turning on captions for a live video interview
• Providing written questions in advance
• Allowing additional time to respond

What the EEOC Regulates

The EEOC enforces federal laws that protect applicants and employees from discrimination based on their: 

• Disability
• Race
• Color
• Sex
• Religion
• National origin
• Age
• Genetic information

These laws apply to every stage of employment, including how interviews are designed, delivered, and evaluated. In practice, this means HR teams should:

• Validate that interview rubric are job-related and consistently applied
• Offer accessible alternatives if automated tools could disadvantage someone with a disability
• Keep documentation showing how digital interview processes were tested for fairness

Following these steps demonstrates good-faith interview compliance with both EEOC and ADA expectations while protecting the organization from legal and reputational risk.

How Digital Interviewing Can Create Accessibility Barriers

Globally, people with disabilities have an estimated employment rate of 44%, compared to 75% for those without disabilities. It’s a significant gap that illustrates just how difficult it is for people with disabilities to move smoothly through the hiring process and obtain the job they applied for. 

Many highly qualified candidates encounter barriers along the way, including difficulties throughout the digital interview process. 

Common Challenges for Candidates with Disabilities

Even supposedly inclusive digital interviewing processes can inadvertently exclude qualified applicants when the experience isn’t designed with accessibility in mind. While every candidate’s situation is different, the following issues can appear across online hiring tools:

• Limited access to captions or transcripts: Candidates who are deaf or hard of hearing may struggle to follow spoken questions in video interviews if captions or transcripts aren’t available.
• Software that doesn’t work with assistive devices: Some platforms don’t integrate properly with screen readers, voice-to-text programs, or alternative input devices, leaving candidates unable to complete an interview independently.
• Visual design barriers: Low-contrast color schemes, small text, or on-screen instructions that disappear quickly can make navigation difficult for candidates with visual impairments.
• Timed or high-pressure response formats: Fixed countdown timers or gamified assessment features can disadvantage candidates with cognitive or neurological disabilities who need more processing time.
• Audio- or video-dependent assessments: Tools that rely heavily on tone of voice, facial expression, or eye contact can disadvantage candidates whose disabilities affect their speech or movement. 
• Inconsistent accommodation processes: Some systems don’t clearly explain how to request adjustments or alternative formats, creating confusion or discouraging candidates from asking for help.

Risks of Non-Compliance

When a digital interview process fails to meet accessibility or equal opportunity standards, the consequences can include: 

• Legal exposure under the ADA: If a candidate can’t complete their interview because the technology is inaccessible, or they weren’t offered reasonable accommodations, the employer may be liable for discrimination. Remedies under the Americans with Disabilities Act can include back pay, compensatory damages, attorney fees, and mandatory corrective action ordered by the Equal Employment Opportunity Commission or a federal court. 
• EEOC enforcement activity: The EEOC’s 2024-2028 Strategic Enforcement Plan prioritizes oversight of AI-based and technology-driven hiring tools. Employers that use digital interview platforms without verifying accessibility or bias controls could face investigation or conciliation proceedings. 
• Reputational and brand damage: Candidates quickly share poor experiences through social channels and employer-review sites. An inaccessible interview process can signal that inclusion is a low priority, discouraging future applicants and affecting employer-brand perception.
• Operational cost and disruption: Responding to complaints or retrofitting inaccessible systems after launch can require significant unplanned resources. It’s almost always less expensive to invest in early accessibility testing and documentation rather than try to patch things up after a claim.

Building ADA Compliance in Digital Interviewing: An Inclusive Approach

When interviews move online, the responsibility for ADA compliance extends to both the software employers choose and how interviews are administered. Here’s what to consider as you create a compliant digital interview process.

EEOC Compliance in Digital Interviewing

Enabling candidates to access the interview is only half the equation. The next step is making sure the process itself doesn’t unintentionally favor some applicants over others, which is where EEOC compliance comes in. 

5 Best Practices for Employers

Strong compliance must be built into every step of the hiring process. These practices help organizations keep digital interviewing accessible, fair, and fully aligned with ADA and EEOC expectations.

1. Write Inclusive Job Descriptions and Invitations

Use clear, bias-free language in job postings and interview invitations, and include a short accessibility statement that explains how candidates can request accommodations. Early transparency sets the tone for a fair and welcoming experience.

2. Keep Accurate Documentation and Recordkeeping

Maintain detailed records of interview guides, scoring, accommodation requests, and candidate communications. A complete paper trail shows that every applicant was evaluated consistently and supports compliance if questions arise later.

3. Educate Recruiters and Hiring Managers

Train anyone involved in hiring on ADA and EEOC basics, including how to recognize and respond to accommodation requests. Ongoing education helps teams apply structured interviewing practices correctly and maintain a consistent, fair candidate experience.

4. Conduct Internal Audits for Continuous Improvement 

Review digital interview data regularly to check for potential accessibility issues or patterns of adverse impact. Internal audits help organizations identify small gaps before they become compliance risks and demonstrate a commitment to continuous improvement.

5. Evaluate AI Tools for Fairness and Accessibility

Before using AI-based scoring, confirm that the tool measures job-related skills, doesn’t rely on tone or facial analysis, and has been tested for adverse impact. Always maintain human oversight and provide an alternative process for candidates who have trouble accessing automated systems.

Is VidCruiter Compliant with ADA and EEOC Regulations?

Yes. VidCruiter’s platform is designed to align with both the Americans with Disabilities Act (ADA) and the Equal Employment Opportunity Commission (EEOC) regulations that govern fair and accessible hiring. Here’s how: 

ADA Alignment and Accessibility

Interview experiences in VidCruiter are designed to be accessible for all candidates. The platform supports screen readers, captioning, and flexible navigation options so applicants can complete interviews in the way that works best for them. Employers can also adjust timing and format when accommodations are needed, helping meet ADA expectations for equal access. Accessibility is reviewed regularly to ensure every candidate can move smoothly through the process.

EEOC Alignment and Fair Selection Practices

VidCruiter supports employers in following EEOC guidance for digital hiring by keeping the interview process structured and consistent. Standardized question sets and anchored rating guides allow interviewers to evaluate candidates on the same job-related criteria every time.

Interview scorecards, notes, and communications are automatically documented, creating a clear record of how each hiring decision was made. This consistency helps organizations show that their interviews are objective and always aligned with equal employment regulations.

Minimized Risk of Disparate Effect

A “disparate effect” happens when a seemingly neutral process ends up excluding certain groups more than others. Built-in structure and transparency within VidCruiter help reduce that risk. Consistent workflows and comparable scoring make it easier to identify potential imbalances early, giving HR teams the information they need to tweak their workflows before any issues arise.

Documentation and Audit Readiness

Every part of the interview process leaves a traceable record, from interview guides and scoring data to accommodation notes and messages with candidates. These details are stored securely in one place, creating an easy-to-follow audit trail if a compliance review is ever needed.

Having this information organized supports ADA and EEOC obligations and gives hiring teams the insight to refine and improve their process over time.

Case Example: What Good Compliance Looks Like

Achievement First, a network of charter schools in the U.S., screens around 5,000 applications a year with a small team of 11 recruiters, ultimately hiring 500 people annually. To achieve compliance and consistency across such high-volume hiring cycles, the team has adopted VidCruiter for its pre-recorded video interviews and automated reference checks. Achievement First now benefits from:

• Standardized evaluation: Every applicant answers the same pre-set questions, scored with a structured rating system to ensure a consistent, job-related assessment.
• Audit-ready documentation: Recorded interviews allow reviewers to revisit their evaluations. They can share them for calibration and also perform quality checks on scoring.
• Strong ADA and EEOC alignment: Documented fairness and accessible digital processes all support equal opportunity and compliance across every stage of hiring.

Learn how to prioritize EEOC and ADA compliance in your digital interviewing processes by booking a free VidCruiter demo.