If an automated tool may have influenced a hiring, promotion, discipline, or other employment decision, keep a dated copy of the information you received, what you submitted, the result, and your follow-up communications. Save it yourself: an employer’s record-retention duty does not create a personal archive for you, and access rights vary by record type and location.
What to save after an algorithm-influenced employment decision
Create a dated folder for the application, assessment, or workplace decision. Keep original files and messages where possible; make a separate working copy for notes or annotations. This is practical evidence-management advice, not a legal checklist prescribed by the agencies cited below.
- The opportunity or policy: Save the job posting, relevant workplace policy, or instructions describing the process.
- Notice about the tool: Keep any notice that an automated or algorithmic tool will be used, including when and how it was delivered.
- Criteria and instructions: Save disclosed evaluation criteria, assessment directions, and any explanation of how the tool is used.
- Your inputs: Preserve your application, résumé, assessment answers, work samples, recorded responses, or other materials you submitted.
- The outcome: Keep the score or result if provided, rejection or adverse-action notice, and any explanation of the decision.
- Follow-up: Save emails, texts, letters, and notes from calls or meetings. For a conversation, write down the date, participants, and what was said.
- Requests and responses: Keep any request for accommodation, explanation, reconsideration, or correction and the employer’s reply.
Where a tool’s name or role is unclear, preserve the exact wording in notices and messages rather than trying to infer how the system worked.
If a background-check company supplied a report
When an employer uses a report from a company that compiles background information, preserve each part of the process separately:
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- The background report itself.
- The pre-adverse-action notice, the report copy, and the summary of rights provided with it.
- The final adverse-action notice, including the reporting company’s contact details and dispute information.
- Any dispute or correction request you sent to the reporting company, supporting documents, and its response.
EEOC and FTC guidance says applicants or employees should receive a copy of the report and a rights summary before an employer takes adverse action based on it; the later notice identifies the reporting company and explains dispute rights. If the report contains an error, the guidance describes challenging it with the reporting company. See Background Checks: What Job Applicants and Employees Should Know and Background Checks: What Employers Need to Know.
Keep disability accommodation records with the decision file
If a disability, assessment format, or accommodation may have affected the result, retain the accommodation request, the response, and related communications alongside the assessment materials. EEOC and Department of Justice materials identify risks including screening out qualified people with disabilities, accommodation-process problems, and disability-related inquiries or medical exams. The EEOC’s overview is available at U.S. EEOC and U.S. Department of Justice Warn against Disability Discrimination; its Artificial Intelligence and the ADA page links to related guidance and worker tips.
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What retention rules do—and do not—mean for you
EEOC guidance describes federal retention duties for covered employers: generally, personnel or employment records must be kept for one year after the record was made or the personnel action occurred, whichever is later. It describes two-year periods for educational institutions and state and local governments, and for certain federal contractors meeting specified size and contract thresholds. If a discrimination charge is filed, relevant records must be retained until the charge is concluded. These are employer obligations, not a deadline for workers to discard their own copies. Details and exceptions are in the EEOC and FTC employer guidance. State and municipal rules may also apply.
Those retention duties do not establish a universal right to obtain an employer’s complete decision file, internal score, algorithm, or source code. Whether you can request particular information depends on the record and applicable law.
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New York City has a specific rule for covered AEDTs
New York City Local Law 144 applies to covered automated employment decision tools (AEDTs) used to screen candidates or employees for an employment decision in the city. It is not a rule for every algorithm used in every workplace. For covered use, the law requires a bias audit conducted no more than one year before use, public posting of an audit summary, and advance notice to covered candidates or employees who reside in New York City.
The law requires notice at least ten business days before covered use and says the notice must allow a candidate to request an alternative selection process or accommodation. If specified information about the type and source of data used and the employer’s retention policy is not disclosed online, a person may request it; the statute provides for a response within 30 days, subject to legal and law-enforcement exceptions. Read NYC Administrative Code § 20-871 and the NYC Department of Consumer and Worker Protection’s AEDT page for the rule and city information.
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If you are covered, save the notice, any online disclosures you viewed, your written request, and the response. This request right concerns the information specified by the law; it does not promise access to every internal record or the tool itself.
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- Record dates: Name files with the date received or created, and note when you submitted materials or received a decision.
- Keep originals: Preserve original emails, attachments, notices, and downloaded files. Do not edit the only copy.
- Log conversations: Soon after a call or meeting, note the date, participants, and substance of what was discussed.
- Track requests: Keep a copy of each accommodation, explanation, correction, or reconsideration request and its delivery date and response.
- Back up carefully: Keep a secure copy you can access if work accounts or portals become unavailable; avoid sharing sensitive employment or medical information unnecessarily.
For an actual dispute, check the rules in your jurisdiction and consider contacting the relevant agency or a qualified employment lawyer. The applicable rights and deadlines depend on the facts, location, and kind of record.
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