One-way interviews are now common in hiring. As tech changes how candidates and employers connect, questions about legality and compliance are rising. This guide explains what one-way interviews are, why they’re popular, and the key rules to follow.
Legal disclaimer: The information provided here is for general informational purposes only and does not constitute legal advice. It may not reflect the most current legal developments and may vary by jurisdiction. Reading or using this content does not create an attorney–client relationship. You should consult qualified legal counsel licensed in your jurisdiction before acting on any information contained here.
What a one-way interview is and why it’s popular
One-way video interview software lets candidates record video answers to preset questions, reviewed later by the hiring team rather than live.
Why teams use it
- Easier scheduling for candidates and recruiters
- Review more candidates in less time
- Lower coordination costs
Core U.S. laws that apply to one-way video interviews
Federal employment laws cover all interview formats, including recorded video.
Title VII and equal employment opportunity
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, or national origin. Apply the same standards to one-way videos as to in-person interviews
Age Discrimination in Employment Act (ADEA)
The ADEA protects people 40+ from age discrimination. Decisions can’t be influenced by how old a candidate appears or sounds
Americans with Disabilities Act (ADA)
The ADA requires equal access and reasonable accommodations so disability doesn’t prevent participation
How the ADA shapes access and accommodations
Offer equivalent access so all candidates can complete the interview.
- Alternative formats: audio-only or written responses where needed
- Assistive tech: compatibility with screen readers and voice input
- Extended time: longer response windows when required
Candidate consent and data privacy
Recording candidate responses creates privacy obligations. Get explicit consent before recording.
CCPA notice checklist (CCPA)
- Data collection purpose
- Storage duration
- Third-party access
GDPR consent components (GDPR)
- Lawful basis documented
- Right to withdraw consent
- Data portability on request
Interview questions you can and can’t ask
Keep questions job-related and tied to performance in the role.
Off-limits personal topics
- Family status: pregnancy, children, marital status
- Personal beliefs: religion, political affiliation
- Financial status: credit history, bankruptcy unless job-related
Examples of compliant job-related competency questions
- Technical skills and domain knowledge
- Behavioral scenarios and problem-solving
- Work authorization where appropriate
A compliant one-way interview workflow
Step 1 — Clear invitation and consent
Explain that the interview is recorded, how data is used and stored, and how to request accommodations
Step 2 — Standardized questions
Use the same set for all candidates in the same role
Step 3 — Secure storage
Encrypt recordings and restrict access to authorized reviewers
Step 4 — Objective evaluation
Score with predefined rubrics tied to job requirements and train reviewers to avoid bias
Step 5 — Purge per policy
Delete recordings when the retention window ends and document the deletion
Record retention, security, and deletion
Here is more information on the necessity of record retention, security, and deletion.
EEOC minimum retention
The EEOC requires keeping interview records at least one year after a decision, or until any charge is resolved
Encryption and access controls
Protect stored videos with encryption and role-based access
Secure deletion methods
Permanently remove all copies after the retention period so they can’t be recovered
Bias mitigation that stands up to scrutiny
- Structured rating rubrics created before reviews start
- Reviewer bias training to identify and reduce unconscious bias
- Validated AI tools tested for disparate impact if AI assistance is used
Train hiring teams to follow the rules
- Micro-learning modules focusing on specific do’s and don’ts
- Periodic compliance audits to spot gaps in questions, storage, and access
Global considerations for GDPR and beyond
Handling cross-border candidates
- Different countries have different privacy rules
- Comply with the laws where candidates reside
Lawful bases for processing video data
- Document legitimate interest or consent
- Be transparent about purposes, retention, and rights
FAQs about one-way interview compliance
Can candidates request to re-record their answers?
Set your retake policy before invitations go out and apply it consistently. You may allow unlimited retakes within a deadline or limit attempts per question.
What if a candidate’s internet fails during the interview?
Provide support contact details and allow a restart or resume without penalty for issues outside the candidate’s control.
