Disclosure does not establish accessibility: New tech tools may exclude protected groups

An employer discloses that it will use artificial intelligence to select candidates for interviews. Its privacy notice explains how personal information will be handled. The vendor promises faster, more consistent screening.

Then a candidate cannot complete the assessment using a screen reader. Another encounters video questions without accurate captions. A third scores poorly because the system interprets disability-related speech patterns as weak communication skills.

The employer has disclosed its technology. Has it examined whom that technology excludes?

Since Jan. 1, 2026, Ontario’s job-posting requirements generally require employers with at least 25 employees to disclose in publicly advertised job postings when they use AI to screen, assess, or select applicants. Disclosure does not establish accessibility.

Transparency is not accessibility

Employers must distinguish three questions.

• First, how does the technology collect, use, disclose, retain, and safeguard applicants’ personal information in accordance with applicable privacy rules?
• Second, do applicants know AI is being used? Ontario’s disclosure requirement addresses that question.
• Third, can candidates with disabilities use the technology and receive a fair assessment of their ability to do the job?

A system can protect information and announce its use while still excluding qualified people.

Barriers can arise at...

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