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Should I Opt Out of AI Resume Screening? What the Laws Say

By Roy8 min read
Tagsai resume toolsats resumejob search strategy

More application forms now carry a line saying the employer uses automated tools to review candidates, and sometimes a link to "request an alternative." Whether to click it depends on what the law in your location actually gives you. The answer is less than most people assume. This page covers the four rules people ask about most: New York City, Colorado, Illinois and the EU. It links each claim to the statute or the regulator's own page. It is general information, not legal advice.

What opting out actually changes

"Opting out" sounds like a switch that sends your resume to a human instead of a model. In practice, the rights below are narrower and fall into four types:

  1. Notice. You are told an automated tool is used and what it assesses.
  2. Accommodation. You can ask for a different process if the tool disadvantages you, usually under disability law.
  3. Human review after the fact. You can ask a person to reconsider a decision that went against you.
  4. A right not to be subject to a solely automated decision. This one exists in the EU and UK, and it applies only when no human is meaningfully involved.

Only the fourth comes close to a true opt-out. Even that one does not stop an employer from using software to rank you, as long as a person makes the decision. So for most applicants the realistic question is narrower: "Will asking for an alternative process help me, or just slow my application down?"

New York City: Local Law 144

NYC's law covers "automated employment decision tools" (AEDTs). The city's consumer protection department, DCWP, says employers must have a tool bias-audited within one year before using it and post a summary of the results. Enforcement began on July 5, 2023.

On candidate rights, DCWP's published FAQ lists the notice requirements. Employers must tell NYC-resident candidates that an AEDT is used and which qualifications or characteristics it assesses. They must include "instructions to request a reasonable accommodation under other laws." And they must give the notice 10 business days before using the tool. The same FAQ says screening counts as an employment decision, so résumé ranking is in scope, not only final hiring.

What the list does not contain is an obligation to offer a non-AI route on request. Your NYC right is to know, plus a pointer to accommodation rights that come from other laws. Complaints go to 311 or DCWP. Discrimination claims are referred to the NYC Commission on Human Rights.

Colorado: SB24-205 repealed and replaced by SB26-189

Much of what is written online about the "Colorado AI Act" is out of date.

  • The original law, SB24-205, would have required deployers of high-risk AI to notify consumers. It would also have let them correct data and appeal an adverse decision "via human review if technically feasible," on and after February 1, 2026.
  • SB25B-004, signed August 28, 2025, pushed that date to June 30, 2026.
  • Before that date arrived, SB26-189 was signed on May 14, 2026. It "repeals and reenacts" those provisions as a narrower framework for "automated decision-making technology" (ADMT) used in consequential decisions, employment included.

Under SB26-189, the bill summary describes these consumer rights:

  • notice "at the point of interaction"
  • a plain-language description of the tool's role within 30 days after an adverse outcome
  • the right to request your personal data and correct factually incorrect data
  • "the right to request meaningful human review and reconsideration" after an adverse outcome.

The summary does not include a right to opt out in advance. It sets January 1, 2027 as the date for developer documentation duties and for the attorney general's rules on post-decision disclosures. Check the bill page for when each duty starts.

Illinois: HB 3773

Illinois amended its Human Rights Act through HB 3773 (Public Act 103-0804), which took effect on January 1, 2026. Materials published on the Illinois Human Rights Commission's site describe it as prohibiting employers from using AI in a way that results in discrimination. They also describe proposed notice rules. Under those rules, the notice would name the AI product and vendor, the decision it influences, and a point of contact. It would also state "the right to request a reasonable accommodation and instructions on how to request the accommodation."

Like NYC, the Illinois framework is built on non-discrimination plus notice. It is not an opt-out. We could not load the statute text on the General Assembly site while writing this, so this section sticks to what the Commission-hosted material states.

The EU and UK: the one real "opt-out"

The EU AI Act lists hiring AI as high-risk in Annex III, naming systems used "to analyse and filter job applications, and to evaluate candidates." Those high-risk obligations are not live yet. The Digital Omnibus, published in the Official Journal on 24 July 2026, moved the deadline for stand-alone high-risk systems to 2 December 2027.

The stronger right today is older. Under GDPR Article 22(1), a person has "the right not to be subject to a decision based solely on automated processing" that significantly affects them. Where an exception applies, Article 22(3) requires at least the right to human intervention, to express your view, and to contest the decision. The UK regulator's guidance on automated decision-making gives e-recruiting without human intervention as an example of a decision with a significant effect.

The catch is the word solely. If a recruiter reviews the ranked list, Article 22 typically does not bite.

What each law gives an applicant (as of October 2026)
JurisdictionNotice of AI useAccommodation routeHuman review after a rejectionGeneral right to opt out
New York City (LL 144)Yes, 10 business days before useInstructions to request one under other lawsNot in the notice rulesNo
Colorado (SB26-189)Yes, at the point of interactionNot stated in the summaryYes, on request after an adverse outcomeNo
Illinois (HB 3773)YesYes, in the proposed notice contentNot statedNo
EU (GDPR Art. 22 + AI Act)AI Act duties from 2 Dec 2027Under disability lawYes, where Art. 22 appliesOnly from solely automated decisions

When requesting an alternative is worth it

Ask for an alternative process or an accommodation when the format of the tool is the barrier, rather than your qualifications. Examples:

  • a timed game or puzzle assessment and a condition that affects speed or motor control
  • a one-way video interview and a speech, hearing or vision difference
  • a chatbot-only application flow and a screen-reader setup it does not support.

Résumé ranking is different. A ranking model reads the same document a recruiter would. If your resume is well structured and matches the posting, an alternative route mostly adds delay. Use the human-review rights (Colorado, EU) after an unexpected rejection, when you believe the tool misread your file.

How to use the rights you do have

  1. Find the notice

    Look on the job posting, the careers site's footer, and any "AI use" or "privacy" link. NYC lets employers put the notice on the employment section of their website, so it may not sit on the posting itself.

  2. Note what the tool assesses

    The NYC notice must name the qualifications or characteristics assessed. Those are the terms your resume must state plainly.

  3. Request an accommodation in writing, if you need one

    Use the contact in the notice. Name the tool and the barrier ("timed assessment", "video analysis"), and ask what alternative process they use. Keep a copy.

  4. After a rejection, ask for the explanation and human review where the law gives it

    In Colorado that means a description of the tool's role and human reconsideration. In the EU and UK, cite Article 22 if no human was involved.

  5. Fix what the software reads

    Check that your resume parses and carries the posting's terms. Our free resume checker shows extracted text and keyword gaps without an account.

Most large employers' screening runs inside their applicant tracking system. In the ATS Resume AI analysis of all 503 S&P 500 careers sites and 9,260 live job postings, June 2026, Workday was the most common ATS, used by 87 companies (17.3%). See which ATS each company uses. To check a specific employer, use the ATS Finder.

Sources

Frequently asked questions

Will requesting an alternative process hurt my chances?
The NYC and Illinois rules both point applicants to reasonable-accommodation rights, so a request made on those grounds is an expected part of the process. The practical cost is usually time, because a manual route can be slower. Request it when the tool's format is the barrier, not as a general preference.
Does NYC Local Law 144 apply if I live outside New York City?
DCWP's FAQ says the notice duty covers candidates who are NYC residents, and the law applies when the job is located in NYC at least part time, or is remote but tied to an NYC office. If neither is true, the NYC notice rules likely do not cover you.
Is the Colorado AI Act still in effect?
Not in its original form. SB24-205 was delayed to June 30, 2026 by SB25B-004, then repealed and re-enacted by SB26-189, signed May 14, 2026, which regulates automated decision-making technology through notice, correction and human-review rights.
Can I ask an employer whether a human read my resume?
You can always ask. In the EU and UK, if a decision was based solely on automated processing, GDPR Article 22 gives you rights to human intervention and to contest it. In Colorado, SB26-189 lets you request meaningful human review after an adverse outcome.
Does the EU AI Act already apply to hiring software?
Its high-risk rules, which cover recruitment systems listed in Annex III, now apply to stand-alone systems from 2 December 2027 after the Digital Omnibus. GDPR Article 22 already applies today.
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