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Yes. AI hiring tools can screen out qualified applicants or disadvantage protected groups—sometimes through how they score candidates, sometimes because an assessment is inaccessible. In the United States, employers remain responsible for complying with employment discrimination laws when they use these tools. Applicants may be entitled to a reasonable accommodation, and New York City has additional notice and audit rules for certain tools.
How can an AI hiring tool disadvantage an applicant?
A tool may rank or classify candidates using criteria that disadvantage a protected group, or an assessment may fail to measure a person’s ability to do the job. The impact can be intentional or unintended. A disparity alone does not establish that a particular employer violated the law; the relevant facts and legal standards matter.
Disability and inaccessible assessments
An online interview or test can create a barrier if it does not work with assistive technology or evaluates traits unrelated to essential job skills. The U.S. Department of Justice (DOJ) warns that facial or voice analysis could screen out qualified people with autism or speech impairments. It also describes an online interview platform inaccessible to a blind applicant using a screen reader. These are examples of risks, not evidence that every tool using these methods discriminates. DOJ guidance on algorithms, AI, and disability discrimination in hiring explains employers’ obligations.
Disparate impact and intentional discrimination
Discrimination need not involve an explicit intent to exclude. The Equal Employment Opportunity Commission (EEOC) explains that a practice based on applicant background information may be unlawful if it significantly disadvantages a protected group and is not job-related and consistent with business necessity. Intentional discrimination is a distinct legal issue; neither a tool’s use of AI nor a disparity by itself resolves whether a law was violated. See the EEOC guidance on employment discrimination and applicant background information.
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What protections apply in the United States?
Existing federal employment protections still apply when an employer uses software to make or support hiring decisions. Disability protections include reasonable accommodation during the application process for a qualified applicant, unless providing it would cause undue hardship. State and local laws may add requirements. The EEOC discusses AI and disability accommodations in its guidance on visual disabilities in the workplace and the ADA.
These protections do not guarantee an applicant a job or a particular outcome. They concern lawful access to the process and decisions made under applicable law. The precise rights and filing deadlines depend on the claim and location.
What can I do if an AI hiring assessment is inaccessible?
Contact the employer or hiring contact promptly and ask for a reasonable accommodation or an effective alternative assessment. Describe the barrier and the change that would let you participate or demonstrate the relevant ability. Depending on the situation, that could mean an accessible version or a different testing format. Accommodation requests are assessed under the applicable standard, including undue hardship; they are not a guarantee of selection.
When considering an assessment or alternative route, useful questions include:
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- Does it measure qualifications relevant to the job, or proxies such as speech or visual presentation?
- Can it be used with the assistive technology you rely on?
- Is an accommodation or equivalent alternative available?
- Has the employer explained what the tool evaluates?
- If the job is in New York City, have applicable notice and audit requirements been met?
These are practical questions, not a legal certification checklist. DOJ’s hiring technology guidance and the EEOC’s visual-disability guidance discuss access and accommodation in hiring.
What additional rules apply to covered AI hiring tools in New York City?
New York City Local Law 144 applies to covered automated employment decision tools (AEDTs) used to screen candidates or employees for employment decisions in the city. It is a local law, not a nationwide rule. For covered use, the employer or agency must arrange a bias audit within one year before use, post a summary of the most recent audit and the tool’s distribution date publicly before use, and give specified notice to candidates who reside in the city. The NYC Department of Consumer and Worker Protection (DCWP) AEDT page describes the law and its requirements.
What notice should a covered NYC applicant receive?
At least ten business days before using a covered AEDT to assess a candidate who resides in New York City, the employer or agency must notify the candidate that an AEDT will be used and identify the qualifications and characteristics it assesses. The notice must explain how to request an alternative selection process or accommodation. If information about the data type, source, and retention policy is not on the employer’s website, it must be made available on written request. The DCWP’s Local Law 144 information provides the applicable details.
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Local Law 144 audits cover sex, race and ethnicity, and intersectional categories. The law does not require an employer to take a particular action when an audit identifies biased outcomes, and an audit is not a guarantee that a tool is fair or accessible. Other discrimination laws continue to apply independently. The New York State Comptroller’s review of automated employment decision tools discusses both the audit’s scope and limits.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Where can I report a concern?
For concerns that a covered New York City AEDT was used without a required audit, public audit summary, or notice, DCWP accepts complaints. For suspected disability discrimination, the DOJ directs applicants to the EEOC charge process. A complaint to DOJ may also be available when a state or local government employer is involved. Filing routes and time limits vary by claim and location, so consult the relevant agency promptly.
In its review of the NYC enforcement system, the New York State Comptroller found that nine of twelve test calls to 311 to file an AEDT complaint were not connected to DCWP and that complaint instructions were unclear. That finding concerns the complaint process reviewed, not the rate of discrimination by hiring tools. The Comptroller’s report describes those findings. The DCWP AEDT page provides current complaint information.
How common is discrimination by AI hiring tools?
The official sources cited here do not establish a representative rate for how often AI hiring tools discriminate against applicants. Examples of possible harm, audit outcomes, or complaint-process counts should not be treated as a measure of prevalence. Each applicant’s situation depends on the tool, how the employer uses it, the barrier or impact at issue, and the law that applies.
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Can I ask for an alternative way to apply?
Yes. Ask the employer or hiring contact for a reasonable accommodation or an effective alternative assessment, explain the barrier, and say what change would let you participate. The accommodation obligation is subject to the applicable standard, including undue hardship; it does not guarantee a job offer.
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