Automated tools can shape who advances in a hiring process even when a person makes the final decision. To assess whether a tool may have influenced an outcome, identify the decision stage, inspect any available audit and notice, and keep records of what happened. A rejection alone does not show that an automated tool was used—or prove that its use was biased.
Where automated tools can affect a hiring decision
Hiring software may screen résumés, analyze online presence or video interviews, score applicants, rank them, or place them into groups. Its influence can occur early: a résumé screen that decides who reaches an interview can materially shape the applicant pool even if a recruiter or manager makes the final choice.
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Start with the decision point rather than the word “AI.” Ask whether software screened, scored, ranked, classified, or recommended candidates, and what happened to your application at that stage. A tool’s name, description, or role may appear in a notice or public audit summary. If you have no such evidence, do not infer tool use solely from a rejection.
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For a covered New York City automated employment decision tool (AEDT), look for the latest public audit summary and the date the tool was distributed. The audit must be no more than one year old when the tool is used, and the latest summary and distribution date must be publicly available before use. The NYC Administrative Code also requires advance notice for covered candidates and employees who reside in the city. See NYC DCWP’s AEDT guidance and NYC Administrative Code § 20-871.
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Match the measures to the tool’s role
NYC’s audit rules distinguish between selection or grouping systems and scoring systems. For selection or grouping, the audit calculates selection rates and impact ratios. For scoring, it reports specified score measures, scoring rates, and impact ratios. Review measures for the stage at which the tool is used; a figure about scores does not by itself tell you who was selected to advance.
Check which groups are represented
Required calculations cover sex, race/ethnicity, and intersectional categories. Look for the number of records classified as unknown and whether small categories were excluded. An independent auditor may exclude a category representing less than 2% of the audit data from required impact-ratio calculations, but the summary must explain the exclusion and give that category’s applicant count and selection or scoring rate. These requirements are set out in NYC Rules § 5-301 and DCWP’s AEDT materials.
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Compare dates, tool identity, and use
Check the audit date against the date of use, and compare the tool named in the summary with the system described in the hiring notice or process. A stale audit, a mismatch, unexplained differences between groups, missing categories, or an unclear route for requesting an accommodation are reasons to ask focused questions or preserve records. They are practical warning signs, not a separate legal test or proof of discrimination.
What a disparity can—and cannot—show
A group disparity is a signal to investigate, not by itself proof of unlawful discrimination or a complete measure of accuracy. Impact ratios and selection rates describe specified outcomes for specified groups; they do not establish that a system is accurate, accessible, or fair in every context.
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A bias audit is not necessarily an assessment of every kind of error, every protected group, predictive validity, accessibility, or the tool’s performance in a different role or applicant population. The cited sources establish no universal accuracy threshold or general certification standard for all hiring tools. Avoid treating one published impact ratio—or the presence of an audit—as a declaration that a tool is “bias-free.”
Comparisons are meaningful only when the underlying conditions are clear: decision stage, measured outcome, demographic category, audit date, tool distribution date, and treatment of unknown or small groups. The New York State Comptroller notes that historical audit data may combine data from multiple employers in specified circumstances, so a pooled result may not represent one employer’s applicant pool exactly. Its report, issued December 2, 2025, examined Local Law 144 enforcement from July 2023 through June 2025: New York State Comptroller’s Local Law 144 enforcement audit.
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What NYC Local Law 144 requires
New York City is a specific jurisdictional example; its requirements should not be assumed to apply elsewhere. For covered AEDT use, the law requires an independent bias audit no more than one year before use, public availability of the latest audit summary and tool distribution date before use, and advance notice to candidates or employees residing in NYC at least 10 business days before use. The notice must describe the qualifications and characteristics the tool assesses and allow a candidate to request an alternative selection process or accommodation. The code also addresses access to information about data types, data sources, and retention policies. Consult the current Administrative Code § 20-871 and DCWP AEDT guidance for details.
NYC DCWP says enforcement began July 5, 2023. The New York State Comptroller’s December 2, 2025 audit describes enforcement challenges when employers do not disclose tool use and weaknesses in complaint intake. Consequently, not finding a public audit does not by itself establish whether an employer used a covered tool or violated the law. Local Law 144 also does not prescribe a specific employer response to a biased audit result; other anti-discrimination laws still apply. See DCWP’s guidance and the Comptroller’s report.
What to save and what to ask
- Save the job posting, application date, any notice, and the tool’s name or description if known.
- Record what happened and when, including a rejection, test, score, accommodation request, or apparent screening step.
- Ask what qualifications or characteristics the tool assessed, and where the latest audit summary and tool distribution date are posted.
- If relevant, ask how to request an alternative selection process or accommodation.
For a suspected NYC notice or audit violation, NYC311 says a report may include the suspected violation date, an explanation, job details, the AEDT name or type if known, and any notice received. NYC311 identifies missing audit, summary, and notice requirements as reportable concerns. See NYC311’s candidate guidance.
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