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World desk5 min

AI Hiring Bias: 8 Practical Ways to Protect Your Application

Learn eight practical ways to respond if automated software may have influenced a hiring decision, including questions to ask, accommodation options, documentation, and complaint channels.
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If you suspect software influenced a hiring decision, ask what role it played, save the records you have, and request an accommodation or human explanation when relevant. The rules depend on where you live and what the tool does: New York City’s Local Law 144 covers certain automated employment decision tools, while federal disability and nondiscrimination protections apply in their own ways. An audit is not proof that every outcome is fair, and there is no universal federal right to human review.

How do I know if AI screened my job application?

You may not be able to tell from a rejection notice alone. Hiring software can score, rank, classify, or filter applications at different stages, and an employer might use it alongside human review. Ask the recruiter or employer directly whether an automated tool influenced your application, what stage it affected, and whether a person reviewed the result.

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In New York City, certain covered employers and employment agencies must provide notice at least 10 business days before using a covered automated employment decision tool on a candidate or employee. The notice must allow a candidate to request an alternative selection process or accommodation. The law’s scope is limited: it concerns covered tools used for employment decisions in the city, and its notice provision addresses candidates or employees who reside in the city. Check the New York City Department of Consumer and Worker Protection’s current Local Law 144 rule and FAQ for the details that apply to a particular situation.

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8 ways to respond to possible AI hiring bias

1. Ask whether automation is involved

Ask whether software scores, ranks, classifies, or filters applicants, and which part of the hiring process it affects. If the answer is yes, ask for the tool’s name or type and whether its result is advisory or affects who advances. You can make the inquiry in writing so you have a record of the response.

2. Read a covered NYC tool’s audit summary

For a tool covered by New York City Local Law 144, look for the employer’s or agency’s publicly posted summary of its most recent bias audit and the applicable distribution date. The law requires a bias audit within the preceding year, and requires the summary and distribution date to be posted before the tool is used. Check that the summary appears to concern the tool and version at issue.

An audit is a required check under this specific city law, not a certification that the tool is free of bias or that every possible form of bias was examined. The New York City Administrative Code sets out the audit and notice requirements; the city’s DCWP page provides related guidance and links to the current rule and FAQ.

3. Ask what information and criteria the assessment uses

Ask what job qualifications or characteristics the assessment evaluates, what information it collects, where that information comes from, and how long it is retained. New York City’s Local Law 144 includes disclosure provisions about qualifications and characteristics used in an assessment, as well as data collected, its source, and retention. These are jurisdiction-specific requirements, not a general disclosure right that applies to every applicant everywhere.

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4. Request an accommodation or alternative process

If a disability could affect how you take an assessment or how a tool evaluates you, tell the employer what adjustment or alternative would let you demonstrate your ability to do the job. You generally do not need to diagnose yourself in a public forum; contact the employer’s designated accommodation channel or recruiter and ask how to make a request.

EEOC and Department of Justice guidance warns that AI-based tests and scoring can screen out applicants with disabilities who could perform the job with or without reasonable accommodation. The guidance emphasizes considering disability impacts and having an accommodation process. It does not mean that every use of AI is automatically unlawful. In NYC, the required notice for a covered tool must also allow a candidate to request an alternative selection process or accommodation.

5. Ask whether the assessment measures the job

Ask which job duties or qualifications a screen is meant to measure and how the employer determined that the assessment is relevant. A score based on a proxy—such as a trait or piece of background information that does not meaningfully relate to the work—may raise concerns, especially if it produces unequal outcomes.

For background information, the EEOC explains that federal nondiscrimination rules still apply. If a policy has a disparate impact on a protected group, it may be unlawful when it is not job-related and consistent with business necessity. That principle is not a guarantee that every disputed assessment violates the law; the facts and applicable rules matter.

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6. Keep a record of the process

Save the job posting, assessment instructions, notices, dates, accommodation requests, employer communications, and any score or decision information the employer shares. Note when you took an assessment and who you contacted. This is practical recordkeeping, not a universal checklist prescribed by law; keep only information you can lawfully retain and avoid collecting other applicants’ personal data.

7. Ask for an explanation or human review

You can ask the employer to explain how the assessment affected the decision and whether a person can review your application or result. Ask what information the reviewer can consider and how to submit relevant context or correct a factual error. Do not assume that an employer must provide human review in every case: the sources described here do not establish a universal federal right to it.

8. Use the complaint channel that fits the issue

For a suspected New York City Local Law 144 violation—such as a missing required audit summary or notice—DCWP accepts complaints and says an account is not required. For possible employment discrimination more broadly, consult the EEOC or the relevant state or local agency about its process and deadlines. A complaint about missing city-law disclosures and a discrimination claim are not necessarily the same issue, so describe the facts and dates clearly.

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What the rules do—and do not—establish

New York City’s Local Law 144

The city’s law applies to specified automated employment decision tools, not every hiring algorithm or software feature. For covered tools, it sets audit, publication, and notice conditions. Its requirements do not establish that a tool is unbiased simply because an audit was completed. The NYC Administrative Code page also cautions that its hosted database may not reflect every recent change, so consult DCWP’s current rule and FAQ for scope and implementation details.

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Federal protections and voluntary guidance

Federal disability and nondiscrimination protections remain relevant when employers use automated assessments or background information. EEOC and DOJ disability guidance discusses screening risks and accommodations; it is not a blanket finding that automated hiring is illegal. Separately, NIST’s AI Risk Management Framework 1.0, released January 26, 2023, is a voluntary framework for incorporating trustworthiness considerations into AI design, development, use, and evaluation. NIST says the framework is being revised; it is not a binding legal standard.

What a small complaint count can tell you

A New York State Comptroller audit issued December 2, 2025, reported that DCWP received two AEDT complaints during the audit’s July 2023–June 2025 scope and found weaknesses in complaint routing and enforcement. That figure counts complaints received by the agency during that period; it is not a count of biased employers or tools, and it cannot measure how common hiring bias is.

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