The Tool Desk
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The correct route depends on your location, the type of employment action, whether software only assisted a manager or made the decision by itself, and whether disability or another protected characteristic is involved. The rules below cover New York City and European Union situations in particular; they are practical information, not individualized legal advice.
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Start with a written record
Do not rely on a phone call or an informal message. Create a dated timeline while events are fresh:
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- the job, promotion, account, or employment action involved;
- the name or role of the person who communicated the result;
- every reference to automated screening, scoring, monitoring, video or speech analysis, productivity software, or an algorithmic recommendation;
- what information you supplied, including a résumé, application answers, work samples, performance records, or accommodation requests; and
- any inconsistent treatment, missing qualification, inaccessible test step, or other fact that could have changed the outcome.
Save the vacancy listing, assessment instructions and results, performance notices, termination letter, emails, text messages, calendar entries, accommodation correspondence, and your replies. Keep the original files and a copy outside any employer account you may lose access to. Do not alter screenshots; record when and where each was captured.
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This record serves two purposes: it lets the employer investigate a concrete issue, and it preserves evidence if an agency or court later asks what happened. An unexplained result is not, by itself, proof that an algorithm made the decision or that a law was violated.
Ask the employer focused questions
Send one concise request to human resources, the stated decision-maker, or the contact in the notice. Ask for answers in writing and keep proof of delivery. Phrase each item as a request because no general rule guarantees every disclosure in every location.
- Decision: What employment decision was made, and on what date?
- Technology: Did an automated employment decision tool, artificial-intelligence system, algorithmic assessment, or automated monitoring product contribute to the result? If so, identify its role.
- Inputs: What categories of personal information, performance data, assessment answers, or inferred characteristics were considered?
- Criteria: What qualifications, characteristics, scores, thresholds, or rules were assessed?
- Human involvement: Did a person review the output, verify the underlying information, and exercise independent judgment? Who made the final decision?
- Correction: How can you challenge inaccurate or incomplete data, and what documents should you provide?
- Reconsideration: Is there an internal review, appeal, rehearing, or opportunity to repeat an assessment?
- Access: How long will the relevant records be retained, and how can you obtain copies where applicable?
- Accommodation: If a disability affected an assessment format, timing, speech or video analysis, interface, or monitoring method, what reasonable accommodation or alternative process is available?
State the specific problem rather than making a general accusation. For example, identify a job you held, a certification the system appears to have missed, a date range in a performance record, or the assessment step that you could not access. Attach only relevant evidence and redact unrelated personal information about coworkers.
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A concise request you can adapt
Subject: Request for review of employment decision dated {{date}}
I am requesting a written review of the {{hiring/promotion/discipline/termination}} decision concerning {{role or employment action}}.
Please confirm whether an automated decision, screening, assessment, monitoring, or profiling tool contributed to the decision. If so, please identify the tool’s role, the categories of data and criteria considered, whether a person reviewed the result and exercised independent judgment, and how I can correct inaccurate information.
The specific issue I believe affected the result is: {{clear factual error, missing qualification, inaccessible step, or other concern}}. I have attached {{list of relevant records}}. Please tell me the available reconsideration process and the person responsible for handling it.
If the assessment or interface interacted with a disability, please treat this as a request for a reasonable accommodation or an alternative way to complete the assessment. Please confirm receipt and respond in writing.
{{name}}
{{contact information}}Separate an ordinary error from discrimination or an accessibility problem
An incorrect résumé field, stale performance metric, duplicate employee record, or misidentified applicant may be fixable without proving discrimination. Explain the error, provide the accurate record, and ask that the decision be rerun or reconsidered.
A discrimination concern is different. Describe the protected characteristic or accommodation issue and the facts connecting it to the result: for example, an assessment that penalized a disability-related speech pattern, a monitoring rule that treated approved leave as poor performance, or a screening outcome inconsistent with how similarly qualified people were treated. Avoid claiming that a system is biased solely because you received an unfavorable result; identify the feature, comparison, or evidence that supports the concern.
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In New York City, the Commission on Human Rights says covered entities remain responsible for decisions made using AI and other technology. Its disability guidance identifies a potential violation when an employer does not let a person request reasonable accommodation to use an application or does not offer an alternative way to apply. Raise that issue specifically if timing, speech, video, interface design, or another assessment feature created a disability-related barrier.
Choose the route that matches the decision
Use the following framework before deciding where to escalate. Local Law 144 compliance, a discrimination or accommodation complaint, a data-rights request, and a contractual dispute are separate issues and may proceed on different tracks.
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| Situation | What to examine | Possible next step | Important limit |
|---|---|---|---|
| New York City hiring or promotion screening | Whether a covered automated employment decision tool (AEDT) substantially assisted or replaced discretionary decision-making, and whether required notice and audit information was available | Preserve the listing and notices; check the employer’s public Local Law 144 audit summary and contact the Department of Consumer and Worker Protection (DCWP) about suspected non-compliance | Local Law 144 is targeted; it is not a universal appeal law and should not be presented as covering every firing or discipline decision |
| New York City disability or discrimination concern | Whether the process produced a disability-related barrier or adverse treatment connected to a protected characteristic | Request accommodation or an alternative process in writing and check the New York City Commission on Human Rights route | The agency, claim elements, and deadline depend on the facts |
| European Union decision based solely on automation | Whether automated processing alone produced legal or similarly significant effects, and whether a GDPR Article 22 exception applies | Ask the controller for the applicable safeguards, human intervention, the opportunity to state your view, and a way to contest the decision | Article 22 does not cover every AI-assisted decision or create an unconditional human-review right |
| EU platform-worker account or contract action | Whether the action restricts, suspends, or terminates a platform account or contractual relationship under the platform-work rules | Request the human review and oversight required under Directive (EU) 2024/2831 and check your member state’s implementing law | National implementation determines the practical procedure |
| Any location, any employment action | Errors, missing evidence, inaccessible steps, inconsistent treatment, and available internal review | Use the written request, preserve records, and obtain advice from the relevant employment, human-rights, labor, or data-protection authority | There is no single worldwide filing route or deadline |
New York City: what Local Law 144 can and cannot do
New York City’s code defines a covered AEDT as a computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues a simplified output—such as a score, classification, or recommendation—and substantially assists or replaces discretionary employment decision-making. Tools that do not materially affect people, or that do not automate or support an employment decision, fall outside that definition.
For covered use, the law requires a bias audit no more than one year before use, public availability of the latest audit summary and the tool’s distribution date before use, and notice to candidates or employees. The notice must include the AEDT use and information about the job qualifications and characteristics the tool assesses. The code preserves a candidate’s or employee’s ability to bring a civil action and the Commission on Human Rights’ enforcement authority.
These requirements address the defined screening uses, including hiring and promotion. They do not establish a comprehensive rule for every firing, discipline, scheduling, or performance-monitoring decision. A manager using an algorithmic recommendation may also present a different legal question from a system that makes a decision without meaningful human judgment.
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Checking the public record
Save the vacancy page, the employer’s notice, and the date you saw them. Search the employer’s website for its current Local Law 144 bias-audit summary and distribution date. An absent or hard-to-find posting is a reason to investigate, not proof that the employer violated the law.
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“When New Yorkers have concerns about employers using AI in hiring, it’s not easy to get help.” — Thomas P. DiNapoli, New York State Comptroller, December 2, 2025
If you suspect a covered tool was used without required notice or audit information, provide DCWP with the preserved listing, dates, notices, and your written request. Send a separate, fact-specific account to the Commission on Human Rights when discrimination or an accommodation barrier is involved.
European Union: GDPR Article 22
Article 22 of the General Data Protection Regulation concerns a decision based solely on automated processing, including profiling, that produces legal effects or similarly significant effects. It gives a person a right not to be subject to such a decision, subject to exceptions. The exceptions cover decisions necessary to enter into or perform a contract, decisions authorized by EU or member-state law with safeguards, and decisions based on explicit consent.
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For the contract and consent exceptions, the controller must provide safeguards that include human intervention, the ability to express your point of view, and the ability to contest the decision. Whether Article 22 applies therefore turns on several facts: was there any meaningful human judgment, was the effect legally or similarly significant, and does an exception apply? A tool that ranks candidates for a manager is not automatically a solely automated decision. Conversely, a nominal human sign-off may require closer examination if the person did not review the information or exercise independent judgment.
In your written request, ask the employer or controller to explain which Article 22 basis it relies on, whether the decision was solely automated, what human intervention occurred, how you can state your view, and how to contest the result. If the response is inadequate, check the data-protection authority in the member state connected to the processing and obtain advice on the applicable procedure.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.EU platform work: account restrictions and termination
Directive (EU) 2024/2831 adds protections around automated monitoring and decision systems used in platform work. It includes human oversight and provides that certain decisions restricting, suspending, or terminating a platform worker’s account or contractual relationship must be taken by a human.
The directive requires national implementation, so the operational right, regulator, and deadline depend on the member state. Preserve the account notice, the platform’s explanation, relevant messages, work history, and any automated rating or monitoring information. Ask which person reviewed the action and request the human reconsideration required under the implementing law.
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- Day one: capture the facts. Write the timeline, download records, and note every reference to automation or monitoring.
- Within the first few days: send the request. Ask the focused questions, identify the specific error or barrier, and request accommodation or an alternative assessment where relevant.
- When the employer responds: test the explanation. Compare the stated criteria with your records. Ask for correction if a data field, date, qualification, leave record, or assessment result is wrong. If a person supposedly reviewed the output, ask what independent judgment changed or confirmed the recommendation.
- If the answer is incomplete: escalate internally once, clearly. Send a short follow-up listing unanswered questions and the reconsideration you seek. Avoid multiple overlapping messages that make the record difficult to follow.
- In parallel: check the external route. Use the NYC agencies, an EU data-protection authority, a member-state labor authority, or another local body appropriate to the claim. Do not wait for an internal appeal before checking whether an external deadline is running.
- Before filing: verify jurisdiction and time limit. Confirm where the employer is located, where you worked or applied, which action is challenged, and the decision date. Ask the agency or a qualified employment lawyer for the current deadline and required form.
Build an evidence packet
Organize the material so a reviewer can understand the issue without guessing:
- a one-page chronology with dates and people;
- the job posting, assessment instructions, scores, and result notices;
- the résumé, application answers, work samples, and documents proving qualifications;
- performance records, schedules, approved leave, warnings, and termination papers;
- accommodation requests and responses;
- your written questions, delivery confirmation, and every reply;
- examples of similarly situated applicants or workers only when you obtained them lawfully; and
- the employer’s public audit summary or notice, with the date captured.
Keep confidential client, patient, coworker, and trade-secret information out of an external submission unless the receiving authority asks for it. Mark each attachment with a simple filename and date. Do not access systems you are not authorized to use to obtain evidence.
What to do when the employer denies using AI
Ask a narrower question: whether any automated screening, assessment, monitoring, ranking, recommendation, or profiling output contributed to the decision, even if a person signed the final notice. Request the policy or notice that described the process and ask which department can confirm the data source. Preserve the denial and continue with the facts you can prove.
An employer’s refusal to identify a vendor is not, by itself, proof of unlawful conduct. It can, however, make the distinction between assistance and sole automation impossible for you to resolve internally. That is a reason to present the issue to the competent agency with your documents, not a reason to assert an unverified algorithmic decision as fact.
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If you fear retaliation or loss of access
Keep communications professional and limit them to the decision, the evidence, and the remedy requested. Save copies before an account is deactivated. If a new warning, schedule change, account restriction, or other action follows your complaint, add it to the timeline and describe the sequence without assuming motive. Ask a local employment or human-rights authority whether the additional action is covered by a protection in your jurisdiction.
Common mistakes that weaken a challenge
- Waiting for certainty. You can request clarification while stating that you do not yet know whether automation was used.
- Demanding a universal algorithm disclosure. Ask for the data, criteria, tool role, human review, correction method, and reconsideration route that apply under the relevant law.
- Calling every recommendation “solely automated.” Establish whether a person reviewed the output and exercised genuine judgment.
- Using an absent NYC audit as conclusive proof. Treat it as an investigative lead and provide the vacancy and notice evidence.
- Combining every possible allegation. Separate data error, accessibility, discrimination, Local Law 144, GDPR, and contract issues so each reviewer can address the correct question.
- Assuming an internal appeal stops a deadline. Check the external filing period immediately.
- Sending unsupported accusations. Identify the exact record, assessment step, comparison, or accommodation barrier behind each statement.
Match the remedy to the harm
Ask for an outcome that can actually correct the problem. Depending on the facts, that may be correction of a data field, a fresh assessment using an accessible format, review by a qualified person who did not rely blindly on the automated output, reconsideration of a promotion or discipline decision, restoration of a platform account, or a written explanation of the criteria used. A request for a remedy does not guarantee that the employer must grant it; it makes the dispute concrete and gives the reviewer something to decide.
Location, decision type, degree of automation, protected-ground facts, and decision date control the next step. Confirm those five points before relying on a particular law, agency, or deadline.
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