Current as of November 2, 2026. Laws evolve — verify against current sources and consult licensed counsel.
The Vendor Question Bank: What to Ask, Stage by Stage, and Which Answers End the Conversation
Every regime in this directory lands on the same fact: the employer answers for the tool. Procurement is therefore a compliance act. These questions are organized by the stage at which they are cheapest to ask — a question that costs nothing before signature can cost a remediation program after deployment.
Stage 1 — Before the demo ends: what is this thing?
- Which decisions does the tool make, assist, or rank — in your words, recorded in the contract exhibits?
- Does any feature create facial templates or analyze video, voice, or facial movements? (Maryland and Illinois turn on this — see the Maryland and Illinois guides.) Can those features be disabled, and is the disablement auditable?
- What personal data does it ingest, from where, and what does it infer that we did not supply?
- Which jurisdictions do you claim it complies with, and will you name the specific duties — audit, notice, explanation — you are claiming?
Stage 2 — Validation and adverse impact: show the work
- What validation evidence links this tool to performance in our job family — not your average customer’s?
- Have you run adverse-impact analyses? On whose data, over what period, with what group sizes and impact ratios?
- Will you share the methodology and summary results under NDA before signature?
- Has an independent auditor — not you — audited this tool? May we contact them?
- What is your process when a customer’s deployment shows a sub-0.80 impact ratio: threshold change, feature removal, or a brochure?
- Do you test intersectional groups, or only headline categories?
Answers that should worry you: “Our tool is bias-free”; “We can’t share any results, even under NDA”; “Our customers handle compliance.” Each is a reason the audit you will eventually need cannot start from vendor evidence.
Stage 3 — Notice, explanation, and candidate rights: can we operate the duties?
- Can the product deliver or trigger the pre-use notices each regime requires, timestamped, per tool?
- For an adverse decision, can you supply the principal reasons, the tool’s role, and the types and sources of data used — per individual, on demand? (Connecticut requires exactly this shape of answer.)
- Can an individual examine and correct data you hold about them? What is the turnaround?
- Does the workflow support an alternative or human-only path for a candidate who opts out or needs an accommodation?
- What logs exist of human review — who saw the output, what they decided, what they overrode?
Stage 4 — Change control: the tool you audited is the tool you must keep
- How are model updates versioned, and how much notice do we get before one reaches our deployment?
- Can we pin a version, or test an update against our own historical data before it goes live?
- What change triggers your own re-testing for adverse impact?
- Will you contractually commit to notifying us of changes that could affect outcomes — the commitment Connecticut’s guide treats as standard?
Stage 5 — Contract terms: allocate what cannot be delegated
- Who owns bias-testing duties for our deployment, in writing — and do we receive the results, or a summary of a summary?
- Do we get audit and data-access rights sufficient for our statutory explanations and our own auditor?
- What indemnification applies if the tool produces a discriminatory outcome, and what are its caps and carve-outs?
- What happens to our candidate data, logs, and audit records at termination — export format, retention, deletion certification?
- Will you sign our security and privacy addenda, and disclose subprocessors?
Stage 6 — After signature: the standing cadence
- Quarterly: any model, data-source, or subprocessor changes since last review?
- Annually: fresh adverse-impact results on our deployment data; audit summary refreshed; notices still matching the configured tool?
- Immediately: incident, complaint, or regulator inquiry touching the tool — who calls whom, within what hours?
Pair this bank with the directory shortlists: HR Technology Vendors for the tools themselves, AI Governance Consultants for program help, and Employment Law Firms — AI Hiring when a contract is headed for signature.
What to do next
- Inventory your AI tools. List every system that screens, scores, ranks, schedules, or evaluates workers — vendor, purpose, data inputs, deployment date.
- Map each tool to each regime. Use the AI hiring law tracker — a tool can be unregulated in one jurisdiction and regulated in another.
- Get the right help. Browse AI Bias Auditors for testing and Employment Law Firms — AI Hiring for legal review.