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AI in hiring: the job ad, CV screening and the limits of the law, with a table of prohibited requirements in a vacancy and a flow where a person makes the rejection decision

An assistant writes a job ad in a minute and sorts a hundred CVs in an hour. Both actions touch rules that advice on "setting up AI for HR" usually skips: the list of grounds on which you may not discriminate, and the rules for candidates' personal data.

Updated 2026-11-10 8 min Figures carry a check date
Illustration generated with AI (OpenAI gpt-image-2.5-flare) and labelled with IPTC metadata.

The job ad: what not to write

Asking an assistant to write a vacancy is easy. The harder part is what it may carry over from typical ads: "under 30", "pleasant appearance", "no children". Responsibility for an ad lies with whoever published it, not with whatever generated it.

Article 11(1) of the Law "On Employment of the Population" guarantees protection from discrimination on grounds unrelated to the nature of the work or the conditions of doing it. Part 3 bans stating those requirements in job ads and offering a job only to women or only to men, except for specific work that only persons of a certain sex can perform. Article 2-1 of the Labour Code bans discrimination in employment on almost the same list. It also says that restrictions tied to requirements inherent in a type of work (age, education, health, sex) are not discrimination.

Below are the grounds from Article 11 with hypothetical wordings an assistant or a copywriter may write out of habit, and a neutral replacement. The wordings are invented for illustration and are not quotes from real vacancies.

Ground under Article 11Hypothetical wording not to keepWhat to write instead
Sex, gender identity, sexual orientation"Looking for a girl for reception""Receptionist": skills, schedule, duties
Age"Young team, under 30"Years of experience or specific skills
Family status, family responsibilities"No children", "unmarried"The schedule and place of work: what is actually required of the employee
Health, disability"Healthy people only"Working conditions (standing, lifting) and requirements set by law for the position
Place of residence"Kyiv residents only"The place and format of work; registration of residence is not a criterion (Labour Code, Article 25)
Ethnic, social, foreign origin, language grounds"Only with a Ukrainian surname"The language level the job needs, if it really needs one
Property status"Own car", when it is not needed for the workA requirement stated as an action: "drive to clients"; if a car is genuinely needed, state compensation and terms
Beliefs, membership of associations, strike participation, going to court"No political or trade-union views"Nothing: these requirements are unrelated to the work

Two caveats. The first row has an exception: specific work that only persons of a given sex can perform. Interpreting "specific work" on your own is risky, so if you need the exception, check it against the legislation for that particular position. Second, the list in Article 11(1) ends with "language or other grounds not related to the nature of the work or the conditions of its performance", so it is not exhaustive. A requirement that is not in the table, such as "pleasant appearance", can still turn out discriminatory if it has nothing to do with the work.

How to use an assistant here: ask it to write the vacancy from a list of duties and skills rather than a "candidate portrait", then in a separate request ask it to find requirements in the finished text that are not tied to doing the job. You must provide the list of duties it checks against: it cannot know which requirements you consider tied to the work. The final read against the table stays with a person.

The CV: what to give an assistant

A CV is the candidate's personal data: name, contacts, date of birth, jobs, often a photo. Pasting it into an assistant means processing that data under the Personal Data Protection Law, and sending it to a service outside Ukraine is also a transfer of personal data to a foreign party. We covered the general logic of what to give an assistant on each plan in the article on data for an AI assistant. Here are only the rules specific to hiring.

  • Purpose and scope. The data must be adequate, relevant and not excessive for the stated purpose (Article 6(3)). Screening needs skills, experience and education; contacts, date of birth, family status and a photo are not needed to compare someone with criteria.
  • Special categories. Processing data on health, racial or ethnic origin, political and religious views, trade-union membership or biometrics is prohibited without a specific ground, such as unambiguous consent or an employer's obligations under labour law (Article 7(1)–(2)). CVs sometimes contain such details, so remove them before pasting.
  • Informing the candidate. A person who gives data about themselves is told who controls the data, what is collected, their rights, the purpose and who receives it, at the time of collection (Article 12(2)). If CVs go to an AI service, that recipient is worth naming in the text you use to collect applications.
  • The candidate's rights. A person may know the mechanism of automatic processing of their data and has the right to protection from an automated decision that has legal consequences for them (Article 8(2), items 12 and 13). The law does not say whether refusing an interview counts as a "legal consequence", and the safe reading is one: the decision belongs to a person.
  • Retention. Data in an identifiable form is kept no longer than the purpose requires (Article 6(8)). CVs of rejected candidates should not sit in a chat indefinitely.
  • Transfer abroad. Permitted to states with adequate protection, which the law expressly lists as members of the European Economic Area and signatories of the Council of Europe Convention, and in the cases in Article 29(4), including unambiguous consent. Where a service processes data is in its contract, not in its marketing.
What you can delegate to an assistant at each hiring step
Write the vacancy from a list of duties and skills✓ allowed✓ allowed✓ allowed
Draft screening criteria and interview questions✓ allowed✓ allowed✓ allowed
Tabulate CVs as "requirement: met / not met"✗ not applicable✓ allowed✗ not without a basis and notice
Rank candidates✗ not applicable≈ only as a hint to a person✗ not needed for the task
Decide whom to reject✗ not applicable✗ no✗ no

✓ — allowed; ≈ — allowed on the condition in the cell; ✗ — do not. "Anonymised" means without name, contacts, date of birth, photo or anything else that identifies the person. This is our own reading of the rules above, not a quote of the law.

Rejection: who decides

Article 22 of the Labour Code gives the employer the right to choose freely among candidates and at the same time bans unjustified refusal to hire: a refusal without any reasons, or on grounds unrelated to qualifications or professional qualities. On the request of the person refused, the employer must state the reason in writing, and the reason must meet the first part of the article. Any direct or indirect restriction of labour rights when concluding an employment contract is not allowed.

A practical condition for screening with an assistant follows: a person must be able to name the reason for rejection. "The system gave a low score" is not a reason tied to qualifications. So each rejected candidate should have a record of the criterion they failed, and that criterion must relate to the job.

Article 25 of the Labour Code additionally bans demanding, when concluding an employment contract, information about party and national affiliation, origin, registration of residence, and documents not provided for by legislation. Forms and checklists that an assistant offers "for completeness" are worth checking against this article.

How many rejected CVs to re-read

If an assistant screens CVs against criteria, an error in a criterion or in reading the text shows up only where you look. Looking at those who passed is not enough: a wrongly rejected candidate is invisible to you. You need a sample of the rejected, and its size can be calculated.

A hypothetical case. 120 CVs came in, the assistant kept 20 and rejected 100. Suppose five of the rejected were suitable but filtered out by mistake. How many random rejected CVs must you read to find at least one of these five with probability at least 95%? Under the hypergeometric distribution (sampling without replacement) the answer is 45. For two wrongful rejections out of a hundred you need 78, for ten, 25. Computed in code.

How many of 100 rejected CVs to read to find at least one wrongful rejection with 95% probability, hypothetical case
2 wrong of 10078 CVs
5 wrong of 10045 CVs
10 wrong of 10025 CVs

Assumption: 100 CVs rejected, a random sample without replacement, probability of finding at least one error no lower than 95%. The share of errors is not known in advance, so the example shows an order of magnitude, not the expected quality of any assistant.

The conclusion from the calculation is one: the rarer the error, the more you must read, and almost everything rejected. For a large flow this means you cannot verify automatic filtering without re-reading the rejected. If there are few CVs, it is quicker to read them all.

A screening flow with a person in charge

Hiring with an assistant: seven questions in order
  1. Does the vacancy contain requirements unrelated to the work?Check the text against the table above, not by impression. Yes → remove the requirement, keep duties and skills
  2. Does the assistant need candidates' names and contacts?Comparing with criteria does not need them. No → anonymise the CV before pasting
  3. Does the CV contain health, origin, beliefs, membership, biometrics?Article 7 of the Personal Data Protection Law bans processing them without a specific ground. Yes → remove before pasting
  4. Has the candidate been told where the CV goes?The purpose and recipients are named at the time of collection. No → add a line to the application form
  5. Does the assistant suggest who goes forward?This is a hint for a person, not a decision. Yes → a person reads both the shortlist and a sample of the rejected
  6. Can a person state a reason for rejection tied to qualifications?Article 22 of the Labour Code requires a written reason on the candidate's request. No → do not send the rejection, revise the criterion
  7. How long to keep rejected CVs?No longer than the purpose needs. Set the period in advance and delete after it

Our position

Delegate to the assistant what does not touch a specific person: the job ad, screening criteria, interview questions, letter templates. Compare CVs with criteria on anonymised text, treat ranking as a hint, and leave the decision and the reason for rejection to a person. This needs no separate service or budget: you need the table of ad requirements, an anonymised copy of each CV and a note of the criterion for every rejected candidate.

The position does not apply in two cases. If you hire abroad or under another jurisdiction, the rules in this article are not all that apply: we did not review other countries' laws. And if the flow of CVs is so large that the sample of rejected ones from the previous section is physically unmanageable, the question is no longer how to set up the assistant but whether this screening can be automated at all; the law gives no answer to that.

Checked on 10 November 2026 against the texts of the Law on Employment of the Population No. 5067-VI (Article 11, version of 12.09.2025), the Personal Data Protection Law No. 2297-VI (Articles 6, 7, 8, 11, 12, 29, version of 14.06.2025) and the Labour Code (Articles 2-1, 22, 25, version of 23.10.2026) on zakon.rada.gov.ua. This is an overview of the rules, not legal advice; we did not test AI services or their data-processing terms.

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