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Yes—an employee can challenge an AI-assisted performance review, but there is no universal appeal or disclosure right for every review. The practical approach is to preserve the review, identify dated factual errors or missing context, ask how automation affected the rating, request human reconsideration, and keep a complete record. Whether you can compel information or obtain a legal remedy depends on your location, the tool’s role, the consequence of the rating, and whether the issue involves discrimination, disability accommodation, privacy, or another protected right.
Use the steps below to make a clear workplace request while separating that request from an entitlement created by a specific law, contract, collective-bargaining agreement, or employer policy. This is general information, not individualized legal advice.
What it means to challenge an AI-assisted review
A challenge is a written request to correct the record, explain the process, and reconsider a consequential decision. It is not necessarily an accusation that the employer acted unlawfully. A manager may have used software to summarize feedback, detect patterns, generate a suggested score, or substantially influence a final rating while still making the formal decision.
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- Input error: the system or reviewer used an incorrect date, target, project assignment, attendance record, or comparison group.
- Missing context: the score ignored approved leave, an accommodation, a system outage, changed objectives, staffing limits, or work that was delivered but not captured in the source systems.
- Judgment disagreement: the underlying facts are accurate, but you disagree with the manager’s interpretation or weighting.
- Process concern: you do not know whether automation was used, what it evaluated, how much weight it received, or whether a person checked the result.
- Protected-right concern: disability, an accommodation request, a protected characteristic, or inconsistent treatment may have affected the evaluation.
These categories call for different evidence. A demonstrably wrong metric is usually easier to correct than a disagreement about managerial judgment. A protected-right concern may require a separate agency or legal process even if the employer also offers an internal review.
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Step 1: Preserve the review and every notice
Save the exact version you received before asking for changes. Keep it in an authorized location and follow confidentiality, security, and records policies. Do not copy restricted customer data or colleagues’ private information merely to support your challenge.
- The complete review, including rating, narrative, competency definitions, and calibration notes supplied to you.
- The date and time you received it, and the date or period the review covers.
- Any message saying that artificial intelligence, automated assessment, analytics, or another software tool was used.
- Instructions explaining how the rating will affect pay, promotion, discipline, performance improvement plans, continued employment, or eligibility for opportunities.
- The employer’s appeal, acknowledgment, accommodation, privacy, and records-retention policies.
- Calendar invitations, emails, chat messages, or meeting notes in which the rating or its sources were discussed.
Keep an unchanged copy and a working copy for annotations. If the employer uses a portal that may replace an earlier version, download the document or take a permitted screen capture showing the rating and notice. NYC complaint guidance specifically asks for the notice provided, if any, so retain it even when it appears generic.
Step 2: Build a dated fact record
Create a table that separates each disputed assertion from the evidence supporting your correction. Short, specific entries are more useful than a general statement that the score is unfair.
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|---|---|---|---|
| “Missed the Q2 delivery target” | The target was moved to July by agreement on May 28. | Approved project plan and May 28 email | Correct the period and reassess the target result. |
| “No customer-impacting work” | Two production fixes were released during the review period. | Release records and incident closure notes | Add the releases to the accomplishments considered. |
| Low collaboration score | The score appears to rely on a survey taken during approved medical leave. | Leave approval and survey date | Exclude the period or provide an accommodation review. |
Include the relevant date, agreed objective, measurable outcome, and a concise explanation. Distinguish evidence that proves an input is wrong from evidence that merely supports a different interpretation. Use only records you may lawfully access and disclose.
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Step 3: Ask what the tool did
Send questions in writing to the manager, HR, or the designated privacy or people-operations contact. Phrase them as requests for process information rather than assumptions about what the system did. The sources do not establish a general United States right to receive every answer below, although a particular law, policy, contract, or local rule may provide one.
- Was artificial intelligence or another automated tool used to prepare, score, summarize, rank, or materially influence my review?
- What is the tool’s name, version or service category, and what parts of my work or personal data did it evaluate?
- Which facts, time period, targets, and comparison group informed the rating?
- Did the tool generate a score, classification, recommendation, or narrative? How much weight did that output receive?
- Who reviewed the output and made the final decision? What human checks were performed?
- Can I inspect or correct information about me that was used in the evaluation?
- Can a human reconsider the rating without relying on the disputed output?
- How can I attach this written response to the official performance record?
- What is the process and contact for requesting an accommodation during an evaluation?
- If the workplace is in New York City and a covered automated employment decision tool was used, where are the required notice, data-source and retention information, and audit summary?
Ask the employer to identify which questions it cannot answer and why. A refusal is not automatically unlawful, but the response and its date belong in your record.
Step 4: Submit a focused written challenge
Use a neutral subject line such as “Request to correct performance review and human reconsideration.” State the rating, the decision it may affect, and the specific corrections you seek. Attach a short evidence index rather than every document you possess.
- Identify the review date, covered period, rating, and any stated use in pay, promotion, discipline, or continued employment.
- List disputed statements or scores by page, section, or criterion.
- For each item, provide the correct date or fact and cite the attached work record.
- Explain material context, such as a changed goal, approved leave, accommodation, outage, or resource constraint.
- State whether you are challenging factual accuracy, the weighting of evidence, the automated process, or possible discrimination or accommodation failure.
- Request a human reconsideration before the rating is used for a consequential decision.
- Ask that your response and attachments remain with the performance record and that you receive confirmation of the outcome.
Keep the tone factual. Do not speculate about a model’s intentions or accuse an individual of discrimination without describing the conduct and evidence. Send the challenge through an authorized channel, retain a copy, and record when and to whom it was delivered.
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Sample wording
Subject: Request to correct performance review and obtain human reconsideration“I received my performance review dated [date] for [period]. I request correction of the statements listed below and a human reconsideration before the rating is used for [pay, promotion, discipline, or other decision]. The review states [quote or identify the statement]. The accurate information is [brief correction], supported by [document and date]. Please identify whether an automated tool prepared, scored, summarized, or materially influenced this review; what information and period it evaluated; the weight given to its output; and who made the final decision. Please attach this response to my performance record and confirm the review process and outcome in writing.”
Replace the bracketed variables with facts and remove anything that does not apply. Do not include confidential material you are not permitted to share.
When disability or discrimination may be involved
The U.S. Equal Employment Opportunity Commission and Department of Justice have warned that employers use software to monitor performance and make decisions about pay or promotion. Disability-related risks can include failure to provide an accommodation during the evaluation process, screening out a person who could perform the job with or without accommodation, and impermissible disability-related inquiries or medical examinations.
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EEOC Chair Charlotte A. Burrows said, “New technologies should not become new ways to discriminate. If employers are aware of the ways AI and other technologies can discriminate against persons with disabilities, they can take steps to prevent it.”
If the concern involves race, sex, age, religion, national origin, pregnancy, retaliation, or another protected characteristic, describe the inconsistent treatment and comparator facts you can support. An internal challenge does not replace an external discrimination process or extend its filing deadline.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Which rules may apply?
The legal result depends on geography, the degree of automation, the consequence of the decision, and the issue you are raising. These frameworks are conditional, not a single worldwide appeal system.
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| Framework | When it may matter | What it can provide | Important limit |
|---|---|---|---|
| U.S. disability law | Software or an AI-assisted process affects monitoring, pay, promotion, or evaluation in a way connected to disability or accommodation. | Potential protection against discrimination and accommodation-process failures; an agency or legal route may be available. | It does not make every inaccurate review unlawful and does not create a universal right to model details. |
| New York City Local Law 144 | A covered automated employment decision tool (AEDT) is used for employment screening, including screening employees for promotion, and the tool meets the city’s legal definition. | Covered employers must meet audit, public-summary, and notice conditions. Employees can report certain failures to the city. | A routine performance review is not automatically covered; promotion-screening use and the tool’s definition must be examined. |
| EU GDPR Article 22 | A decision is based solely on automated processing, including profiling, and produces legal or similarly significant effects. | Depending on the applicable exception, safeguards can include human intervention, the opportunity to express a point of view, and the ability to contest. | Meaningful human judgment may take the decision outside Article 22. Contract, legal-authorization, consent, and national employment-law conditions matter. |
New York City: Local Law 144
NYC’s AEDT rules address certain computational processes whose score, classification, or recommendation substantially assists or replaces discretionary decisions. Covered employers and agencies must satisfy audit, public-summary, and notice conditions before covered use. The law can apply when employees are screened for promotion, but a normal manager-led review is not automatically an AEDT decision.
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NYC311 says employees can report failure to complete the required audit, post the audit summary, or provide required notices. A complaint should include the suspected violation date, an explanation, your position details, the AEDT name or type if known, and any notice you received. When data type, source, and retention information is not posted, the city code provides that it must be available upon a written request from a candidate or employee.
A New York State Comptroller audit issued December 2, 2025, covering July 2023 through June 2025, reported that the Department of Consumer and Worker Protection could impose civil penalties of $500 to $1,500 per day for violations. The audit reported two complaints during the period reviewed and said auditors identified at least 17 potential non-compliance instances while reviewing 32 company websites; it also described methodological limitations in the agency’s own survey. Those are audit findings and reported statutory penalties, not a guarantee that a complaint will be investigated or that an employee will receive a remedy.
On October 1, 2026, NYC agencies stated that an organization cannot avoid responsibility for violations of city law by relying on AI and that the Human Rights Law’s employment-discrimination protections apply to covered entities’ use of technology.
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Article 22 concerns a decision based solely on automated processing that produces legal effects or similarly significant effects. It includes exceptions involving necessity for a contract, authorization by law with safeguards, or explicit consent. In the contract and consent cases, safeguards include the right to obtain human intervention, express a point of view, and contest the decision.
Whether a performance review qualifies depends on how much human judgment occurred, the significance of the outcome, the legal basis, and national employment rules. A manager who meaningfully evaluates the result is different from a system that automatically determines a promotion or termination outcome. Do not assume Article 22 applies merely because software assisted a review.
Document the response and escalate proportionately
After submitting your challenge, maintain a dated log:
- When you sent the request, the recipient, and the channel used.
- Every response, meeting invitation, and explanation of the tool or data.
- Whether the rating changed, whether a human reviewer reconsidered it, and whether your response was attached to the record.
- Any resulting pay, promotion, discipline, performance plan, schedule change, or termination decision.
- Any retaliation or materially different treatment after you raised the concern.
If the consequence is serious, act promptly. The available materials do not provide a complete deadline map for every discrimination, labor, contract, privacy, or data-protection claim. An internal review may not pause an external filing period. Confirm deadlines and filing requirements with the responsible agency, a union representative, or qualified employment counsel in the relevant jurisdiction.
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Quick Recap
Common mistakes and better alternatives
| Mistake | Why it weakens the challenge | Better approach |
|---|---|---|
| Writing “the AI is biased” without examples | It does not identify an error that can be checked. | List the exact statement, date, comparison, and evidence, then explain the possible protected-right concern separately. |
| Demanding source code immediately | The sources do not establish a general right to a model’s source code. | Ask what data, criteria, output, weight, and human review affected your rating. |
| Sending every internal file | It can breach confidentiality and obscure the material evidence. | Attach a concise index and only records you may properly use. |
| Waiting for an internal answer before checking deadlines | An internal process may not extend an agency or court deadline. | Check external time limits as soon as the consequence becomes serious. |
| Treating a manager-assisted review as a solely automated decision | Legal rules often turn on whether meaningful human judgment occurred. | Ask who made the decision and what role the output played. |
Quick checklist
- Save the review, notice, rating, criteria, and stated consequence.
- Mark each disputed fact with a date and supporting work record.
- Ask whether automation was used, what it evaluated, how much weight it received, and who decided.
- Request correction, attachment of your response, and human reconsideration before consequential use.
- Describe accommodation or discrimination concerns factually and use the designated process.
- Check whether NYC AEDT or EU Article 22 conditions actually fit your situation.
- Keep the complete communication log and verify external deadlines promptly.
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