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The clearest sign is an employer notice saying an automated tool will assess you and identifying the job qualifications or characteristics it evaluates. If you do not receive one, software-based résumé screening, candidate ranking, online-presence analysis, or video-interview analysis can still be clues—but they do not prove that a tool determined your outcome. Ask what the system did, at which stage, and how its output was weighed. New York City has specific notice and audit requirements; rules elsewhere vary.
What to look for in a hiring or promotion process
Automated employment assessment can appear at several stages. Check for software that filters applicants, scores or ranks them, analyzes online information or video interviews, or assesses employees for promotion. These are signs to investigate, not proof that a legally covered tool was used.
- Screening: An applicant portal may filter résumés or applications before a person reviews them.
- Ranking or scoring: A system may assign scores, labels, recommendations, or an ordered list of candidates.
- Interview or online analysis: Software may analyze video interviews or information from online sources.
- Promotion: An automated assessment may inform decisions about current employees as well as job applicants.
Search the job posting, careers page, application portal, and any employee notices for terms such as “automated employment decision tool,” “AI,” “algorithmic assessment,” “automated screening,” “bias audit,” or a vendor or product name. No mention is not proof that automation was absent.
How to find out what role the tool played
Focus on what the system does, not just whether the employer calls it “AI.” A tool that filters, scores, ranks, classifies, or recommends people merits a direct question. In New York City, the legal test focuses on whether the tool’s output substantially assists or replaces discretionary hiring or promotion decisions.
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Write to the employer or recruiter and ask:
Will an automated employment decision tool assess me for this position or promotion? What tool and vendor are involved, and at which stage will it be used? What qualifications or characteristics does it evaluate? What data does it collect, where does that data come from, and how long is it retained? How much weight does the tool’s output receive, and can it override a human reviewer’s conclusion?
Outside places with specific disclosure rules, these are practical questions—not a guarantee that an employer must answer every one or disclose proprietary model details. A score or ranking suggests automation may be involved, but it does not show that the tool caused a particular hiring or promotion decision.
What makes a tool covered by New York City law
New York City Local Law 144 covers an automated employment decision tool (AEDT) when its simplified output substantially assists or replaces discretionary decisions about hiring or promotion. Under the city rule, this includes relying solely on the output, giving it the most weight among factors, or allowing it to override conclusions from other factors.
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The label on the product is not decisive: the relevant question is how its output is used. The rule excludes a tool whose function is limited to translating or transcribing existing text. A tool that ranks or scores people may still fall outside the law’s definition if the required decision-making conditions are not met.
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New York City: check for notice and an audit summary
For covered uses, Local Law 144 requires an audit conducted within one year before the tool is used, a publicly available summary of the audit, and advance notice to covered candidates or employees. The audit examines selection or scoring rates and impact ratios across defined categories; it is not an individualized explanation of why one person was selected or rejected.
The city requires notice at least 10 business days before the tool is used. The notice must identify the qualifications or characteristics assessed and explain how to request an alternative selection process or accommodation. If the relevant information is not posted, a person can make a written request for the data type, data source, and retention policy.
For a covered NYC-linked role, look on the employer’s website for the audit summary and the date the tool began being used. The summary can help establish that an audit was published and when the tool was in use; it does not tell you how much the tool affected your individual result.
Check whether the role is connected to New York City
Geographic coverage is not determined simply by where you happen to be sitting. DCWP describes the law as applying when the job is at an NYC office at least part time, a remote role is associated with an NYC office, or the employment agency using the tool is based in NYC. The notice requirement applies to candidates and employees who reside in NYC. These are separate facts to check: a job connection and the person’s residence both matter.
New York State has a separate requirement for state agencies using covered automated employment decision tools: agencies must publish annual lists describing the tools, their start dates, purposes, and use. That state-agency rule is not a general disclosure duty for every private employer. In other states and localities, check the relevant labor or civil-rights agency for applicable requirements.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Keep records and report suspected NYC violations
Save the job posting, role and location details, notices, dates, employer responses, and any audit information you find. If you suspect an NYC employer failed to conduct an audit, publish its summary, or provide required notice, report the issue through NYC311. The city’s complaint checklist asks for information such as the suspected date, an explanation, position or posting details, the tool name or type if known, and any notice received.
For a concern that the process discriminated against you, contact the NYC Commission on Human Rights. A missing notice, a published audit, or an automated step may be relevant evidence, but none by itself establishes discrimination or explains how an individual decision was made. For a specific dispute, seek guidance from the relevant agency or a lawyer familiar with the applicable jurisdiction.
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Sources for New York City and state requirements
- NYC311: Report an automated employment decision tool complaint
- NYC Department of Consumer and Worker Protection: AEDT information and FAQ
- NYC rules for automated employment decision tools
- New York State law on automated employment decision tools used by state agencies
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