Terms of Use

5. Equal Employment Opportunity and AI Compliance

This section is mandatory reading for all recruiter and hiring manager accounts. Non-compliance with the obligations below may constitute a violation of federal and state employment law.

5.1 EEOC Guidance on AI Hiring Tools

The U.S. Equal Employment Opportunity Commission (EEOC) has issued formal technical assistance confirming that Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA) apply to AI-based candidate selection tools. Recruiters and hiring managers using WiHire.ai remain fully and solely responsible for compliance with all applicable EEO statutes. The use of AI match scores does not constitute a defence to, or protection from, claims of employment discrimination.

5.2 AI Scores as Selection Procedures — UGESP Compliance

Under the Uniform Guidelines on Employee Selection Procedures (UGESP, 41 CFR Part 60-3), any selection procedure that produces adverse impact on candidates in a protected class must be validated for job-relatedness. WiHire.ai's six-dimension AI scoring model has not been independently validated against actual job performance outcomes. Recruiters are advised:

• AI match scores are supplementary tools — they may not be used as the sole or primary basis for excluding candidates from consideration
• Recruiters must independently assess whether their use of AI scores produces adverse impact on any protected group and, if so, must be able to demonstrate job-relatedness and business necessity under UGESP
• PIXONIQ LLC makes no representation that its scoring model has been validated under UGESP, EEOC guidelines, or any other regulatory standard

5.3 Dimension-Specific Discrimination Risks

Recruiters must exercise independent judgment and EEO compliance when interpreting the following scoring dimensions, which carry specific legal risk:

• Seniority / years of experience: using this dimension as a primary filter may constitute age discrimination under the ADEA (29 U.S.C. § 623) when it disproportionately disadvantages candidates aged 40 or older
• Salary expectations: at least twenty (20) US states and localities prohibit basing hiring decisions on salary history. Recruiters must independently verify and comply with salary history prohibition laws applicable in their jurisdiction. Using salary data to offer discriminatorily lower compensation to women or minority candidates may violate the Equal Pay Act (29 U.S.C. § 206(d)) and applicable state equal pay statutes
• Work style preference (remote/hybrid/onsite): under the ADA, an employer's obligation to provide reasonable accommodation may include remote work. Filtering out candidates who prefer or require remote work for roles where remote work is feasible may constitute disability discrimination. Recruiters must conduct independent reasonable accommodation analysis before excluding candidates on this basis
• Location: using geographic location as a primary exclusionary filter may, in certain circumstances, produce disparate impact based on race, national origin, or other protected characteristics. Recruiters must ensure location-based filtering is justified by legitimate, job-related business necessity

5.4 Colorado Artificial Intelligence Act (SB 24-205)

Colorado's Artificial Intelligence Act, effective February 1, 2026, applies to high-risk AI systems used in consequential decisions, expressly including employment decisions. Recruiters operating in Colorado or making hiring decisions affecting Colorado residents must comply with this Act, which includes obligations to:

• Notify candidates that AI is being used in the evaluation process
• Provide candidates with the right to appeal or seek human review of AI-based decisions
• Ensure use of the AI system does not result in algorithmic discrimination

PIXONIQ LLC provides the technical infrastructure but cannot ensure recruiter compliance with the Colorado AI Act. Compliance is the recruiter's sole responsibility.

5.5 New York City Local Law 144

NYC Local Law 144 (effective July 5, 2023) requires employers and employment agencies using automated employment decision tools (AEDTs) to (a) conduct and publish annual independent bias audits and (b) provide prior written notice to candidates subject to AEDT-based decisions. Recruiters using WiHire.ai to fill roles located in New York City must independently satisfy these obligations. PIXONIQ LLC does not provide bias audit services and does not warrant compliance with NYC Local Law 144.

5.6 Federal Contractor Obligations (OFCCP)

Recruiters who are federal contractors or subcontractors are subject to additional obligations under the OFCCP's Internet Applicant Recordkeeping Rule (41 CFR Part 60-1.12). Federal contractor recruiters must maintain applicant flow data for all individuals who satisfy the definition of "Internet Applicant," including those who express interest through WiHire.ai. Compliance with OFCCP recordkeeping requirements is the recruiter's sole responsibility.

5.7 Salary Transparency Compliance

Multiple US jurisdictions now require employers to disclose salary ranges in job postings or upon applicant request, including but not limited to Colorado, California, New York State, Washington, and Illinois. Recruiters are solely responsible for ensuring their job postings and compensation offers comply with applicable pay transparency and equal pay laws in every jurisdiction in which they recruit.

5.8 Anti-Retaliation

PIXONIQ LLC prohibits the use of the Platform to retaliate against any candidate who has: (a) filed or expressed an intent to file an EEO complaint; (b) opposed or reported a discriminatory hiring practice; or (c) participated or expressed an intent to participate in any EEO investigation or proceeding. Any recruiter account found to have engaged in retaliatory conduct will be immediately terminated and the matter referred to relevant authorities. Candidates who believe they have been subjected to retaliation may report the conduct to hello@wihire.ai and to the EEOC at www.eeoc.gov.

6. Candidate Rights Under Employment Law

The following rights exist independently of, and in addition to, your rights under our Consent Policy:

• Right to human review: you may request that a human reviewer assess any AI-based match decision applied to your profile. Submit requests to hello@wihire.ai with subject "Human Review Request."
• Right to appeal: if you believe an AI match decision has produced a discriminatory outcome, you may appeal to hello@wihire.ai with subject "AI Decision Appeal." We will respond within thirty (30) days.
• Right to file an EEO complaint: nothing in these Terms limits your right to file a charge with the EEOC (www.eeoc.gov), your state's civil rights agency, or any other regulatory body with jurisdiction over employment discrimination claims.
• Colorado residents: you have the right to appeal AI-based employment decisions and to request human review under Colorado SB 24-205, effective February 1, 2026.

7. Candidate Obligations

• Provide accurate, truthful, and complete profile information at all times — deliberate misrepresentation is grounds for immediate account termination
• Independently review and verify all AI-generated resume content before submission to any employer
• Use the Platform solely for lawful, personal job-seeking purposes
• Not attempt to reverse-engineer, scrape, mine, or extract AI matching logic, other users' data, or any proprietary system element
• Comply with all applicable employment and data protection laws in your jurisdiction
• Not use the Platform if you are under eighteen (18) years of age

8. Recruiter Obligations

• Provide accurate company name and EIN — submission of false credentials constitutes fraud and may result in account termination and referral to law enforcement
• Use accessed candidate data solely for the specific role for which consent was granted — cross-role or cross-company use is prohibited
• Comply fully with all applicable employment discrimination laws (Title VII, ADEA, ADA, Equal Pay Act, and state equivalents), equal opportunity obligations, EEOC guidelines on AI hiring tools, and data protection regulations in all jurisdictions in which you recruit
• Not use AI match scores as the sole or determinative basis for excluding any candidate from consideration
• Conduct independent, good-faith review of all candidates regardless of AI score, in compliance with EEOC guidelines and UGESP
• Not share, sell, sublicense, or transfer any candidate data obtained through the Platform to any third party
• Independently verify all candidate qualifications before making any hiring decision
• Ensure all job postings and compensation offers comply with applicable pay transparency, salary range disclosure, and equal pay laws in every jurisdiction in which you recruit
• Not engage in retaliation against any candidate who has exercised or expressed an intent to exercise any EEO right

9. Prohibited Conduct

The following conduct is strictly prohibited and may result in immediate account termination, civil liability, and referral to law enforcement or relevant regulatory authorities:

• Creating false or misleading profiles, impersonating another person or organisation, or submitting fraudulent credentials
• Using the Platform to discriminate against any candidate on the basis of any protected characteristic under applicable federal or state law, including but not limited to race, color, sex, national origin, religion, age, disability, genetic information, or pregnancy
• Using AI match scores as the sole basis for excluding candidates from consideration, in violation of EEOC guidelines
• Retaliating against any candidate for exercising any EEO, privacy, or legal right
• Attempting to identify, de-anonymise, or directly contact anonymous candidates outside the Platform's consented channels
• Unauthorised scraping, crawling, data extraction, or automated access of any kind
• Using the Platform to process visa sponsorship applications or labour certifications
• Harassment, threatening behaviour, or abuse directed at any user or Platform personnel
• Any use that violates applicable local, state, federal, or international law