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If software scores, ranks, classifies, or filters your application, ask what role it played, request an accommodation or alternative process if you need one, and keep a record of what happened. The rules depend on where you live and how the tool is used: New York City has specific requirements for certain automated employment decision tools, while federal disability and nondiscrimination protections still apply to covered employment decisions.
What counts as AI hiring bias—and how can you tell if software screened your application?
Hiring software may help screen, rank, classify, or assess applicants. A tool’s use alone does not show that a decision was biased, and not every automated tool is covered by the same law. But software can create barriers when it measures something unrelated to the job or disadvantages people with disabilities or members of protected groups.
Start by asking the recruiter or employer whether an automated tool was used, which stage it affected, and whether it scored, ranked, classified, or filtered your application. Ask whether a person reviewed the result. There is no universal federal right to human review established by the sources cited here, so treat this as a request for an explanation, not a guaranteed entitlement.
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1. Ask whether automation is involved
Ask directly whether software influenced your application or assessment and what decision it helped make. If you are applying for a role in New York City, check whether you received a notice about a covered automated employment decision tool (AEDT). Scope depends on the tool, decision, and circumstances; the city’s rules do not apply to every hiring algorithm.
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2. Read any audit summary—and check what it covers
For a covered NYC AEDT, the employer or employment agency must meet the city’s bias-audit and publication conditions before using it: the audit must have taken place within the preceding year, and the most recent audit summary and applicable tool distribution date must be publicly posted. Read the summary to see which tool and comparisons it addresses.
An audit is a required check under this local rule, not a certification that every outcome is fair. It does not establish that every possible source of bias was tested, and it should not be treated as proof that a particular decision was nondiscriminatory.
3. Ask what qualifications and data the assessment uses
Ask which job qualifications or characteristics the assessment measures, what applicant information it collects, where that information comes from, and how long it is retained. NYC’s law provides covered candidates with information about qualifications and characteristics used in an assessment and addresses data collection, sources, and retention. Do not assume those particular disclosure requirements apply outside the city or to every tool.
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4. Request an accommodation or alternative process if you need one
If a disability could affect how you take a test, use a platform, or respond to an assessment, tell the employer what accommodation you need. EEOC and Department of Justice guidance warns that AI-based tests and scoring can screen out applicants with disabilities who could do the job with or without reasonable accommodation. Employers should consider disability impacts and have a process for accommodation requests.
For a covered NYC tool, the required notice must be provided at least 10 business days before use and must allow a candidate to request an alternative selection process or accommodation. Federal disability guidance is grounded in existing law; it does not mean that using AI is automatically unlawful.
5. Check whether the assessment is related to the job
Ask what the assessment is intended to measure and how that relates to the role’s actual duties. A screen that relies on a proxy unrelated to job performance may raise concerns. When background information is used, EEOC guidance explains that a policy causing a disparate impact may be unlawful if it is not job-related and consistent with business necessity. That principle does not make every difference in outcomes proof of unlawful discrimination.
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6. Keep a record of the process
Save the job posting, assessment instructions, notices, dates, accommodation requests, employer replies, and any score or rejection information the employer shares. A dated record can help you describe what happened accurately if you ask for an explanation or contact an agency. This is practical advice, not a universal legal recordkeeping checklist.
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Ask the employer to explain how the assessment affected the decision and whether a person can review your application or test result. If you believe the tool measured an irrelevant trait or failed to account for an accommodation, say so specifically. Employers may choose to provide review, but the sources cited here do not establish a general federal right to human review.
8. Use the complaint channel that fits the issue
In NYC, the Department of Consumer and Worker Protection (DCWP) accepts complaints about missing required AEDT audits, published summaries, or notices; it says an account is not required to file. For suspected employment discrimination more broadly, consult the relevant EEOC or state or local agency process. A complaint is a way to raise a concern, not a finding that a violation occurred.
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Which rules apply—and where?
New York City: Local Law 144 covers a defined set of tools and uses
NYC’s rules apply to covered AEDTs used to screen candidates or employees for an employment decision in the city, with notice provisions tied to candidates or employees who reside in the city. For covered use, employers and employment agencies must satisfy audit, publication, and notice conditions. The exact scope is fact-dependent, so consult DCWP’s current AEDT rule and FAQ before concluding that a particular tool or application is covered.
The NYC Administrative Code page cautions that its hosted text may not reflect every recent change. DCWP’s AEDT page, current rule, and FAQ are also relevant when checking the current requirements.
Federal protections: disability and nondiscrimination rules still matter
EEOC and DOJ guidance explains that an assessment can create disability-related barriers and that employers should consider reasonable accommodation. Federal nondiscrimination rules also apply when employers use background information. These protections do not mean every automated decision is unlawful; the facts and applicable law matter.
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Voluntary guidance is not a legal requirement
NIST’s AI Risk Management Framework is a voluntary framework for incorporating trustworthiness considerations into AI design, development, use, and evaluation. NIST released AI RMF 1.0 on January 26, 2023, and says the framework is being revised. It is not a binding hiring-law standard.
What NYC’s complaint numbers do—and do not—show
A New York State Comptroller audit issued December 2, 2025, identified weaknesses in NYC’s Local Law 144 complaint routing and enforcement. The audit reported that DCWP received two AEDT complaints during its July 2023–June 2025 scope. That is an agency intake count, not an estimate of how many tools or employers were biased, or how common hiring discrimination is.
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