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If software may have influenced your firing, write to HR or the decision-maker promptly: ask whether an automated system materially contributed, what information it used, and who can reconsider the decision. Keep your records and act quickly if you suspect discrimination. The federal sources cited here do not establish a general right to human review; the options available depend on your location, the facts, and any applicable workplace policies or agreements.

Start by finding out how the decision was made

A firing described as “automated” may involve software that ranked, scored, flagged, or filtered information for a person to consider. Do not assume that every use of workplace software falls under a particular automated-employment law. Ask whether a system materially contributed and what role a person played in the decision.

Send a calm, dated written request to HR or the person identified in your termination notice. You can adapt these questions:

  • Did an automated system or algorithm materially contribute to the decision to terminate me? If so, what system or process was involved?
  • What records, metrics, or other inputs were relied upon, and how can I identify or correct information that is inaccurate or incomplete?
  • Who is authorized to reconsider the decision independently, and how can I provide context for that review?
  • What policy, notice, or appeal procedure applies? Please preserve records relating to the decision.

These are practical questions, not statutory wording. Asking for information does not guarantee the employer must disclose every internal record. The EEOC’s guidance on disability discrimination and employment software discusses the risk that tools may screen out people with disabilities and supports asking how a decision was reached: EEOC and DOJ guidance on disability discrimination.

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Preserve evidence and keep a dated record

Save your termination notice, performance records, relevant messages, applicable policies, and any notices you received about the software or decision process. Keep copies of your requests and replies. Note the date, the person contacted, and what they said; retain originals where possible.

Be accurate and specific when describing a suspected error. For example, identify a metric you believe is wrong, explain what information is missing, and offer records that support your account. Avoid broadly circulating sensitive medical details; use the employer’s designated accommodation contact or process if you need to discuss disability-related information.

If disability may have affected the outcome, request an accommodation

If a disability or accommodation need may have affected how the system evaluated you—or your ability to participate in a review—say so and ask for an accommodation or an alternative process. Briefly describe the disability-related barrier and the change you need, such as another way to provide information. Ask HR or the appropriate accommodation contact how to submit the request. The EEOC/DOJ guidance explains that employment software can create disability-discrimination risks and discusses reasonable accommodation; it does not mean every adverse result is unlawful.

Choose an external route that fits the problem

An employer reconsideration request, an accommodation request, and an agency complaint serve different purposes. An agency filing is not a substitute for preserving evidence or checking deadlines.

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Route What it addresses Where it applies and timing Useful information
Employer reconsideration Asks the employer to explain or review its decision; it is a practical request, not a guaranteed legal appeal. Depends on employer policy, contract, collective bargaining agreement, and applicable law. Ask promptly about any internal procedure. Termination notice, relevant performance records, disputed inputs, and a dated account of your request.
Accommodation request Seeks an accommodation or alternative process where a disability-related barrier may be involved. Raise it with the employer’s appropriate contact; the process depends on the facts and applicable law. A concise explanation of the barrier and the accommodation or alternative way to participate you are requesting.
EEOC charge Addresses suspected employment discrimination based on a ground covered by EEOC law, including disability, race, color, religion, sex, national origin, age, or genetic information. The usual filing period is 180 calendar days from the alleged discriminatory act, extended to 300 days in some places when a state or local agency enforces a law prohibiting discrimination on the same basis. Federal employees and applicants use a different process. Dates, termination and performance records, relevant messages, and information supporting why you believe discrimination occurred.
NYC AEDT complaint Can report specified failures involving covered automated employment decision tools, such as audit, public-summary, or notice requirements; it is not itself an appeal or a route that establishes reinstatement. Specific to New York City’s law. NYC DCWP describes the requirements and complaint mechanism. NYC311 asks for the suspected violation date, an explanation, the position, the tool name or type if known, and any notice received.

Check discrimination deadlines before waiting for an internal response

Most laws enforced by the EEOC require a charge before an employment-discrimination lawsuit. The applicable deadline depends on the claim and location. The EEOC says the usual period is 180 calendar days, with an extension to 300 days in some qualifying jurisdictions: EEOC time limits for filing a charge. Because a grievance, union process, arbitration, or mediation generally does not extend that filing limit, do not assume an internal review pauses the clock. Contact the EEOC or an appropriate state or local agency promptly if you are unsure which deadline applies. For how to file, see the EEOC charge-filing guidance.

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For New York City, document possible AEDT notice or audit failures

New York City has specific requirements for covered automated employment decision tools, including bias-audit, public-summary, and notice obligations. The NYC Department of Consumer and Worker Protection AEDT page describes the requirements and the complaint path for certain failures. If you report a suspected violation through NYC311, include the details it requests, such as the suspected violation date and any notice you received. This local compliance route is distinct from an EEOC discrimination charge and does not by itself create an appeal or reinstatement right.

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