Save a dated copy of the notice, policy, or job posting; the information you submitted; any assessment or work sample; the result or decision notice; and every follow-up message. Keep accommodation requests and responses, too. Your own file can matter because an employer’s record-retention duties do not create a personal archive for you, and the records you can request depend on where you live and how the tool was used.
Build a dated record of the decision
Create one folder for the hiring or workplace decision. Preserve original files and messages where possible, and keep a separate working copy for notes or annotations. Record the date you received or created each item. This is practical evidence-management advice, not a legal checklist that applies in every case.
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- The opportunity or workplace rule: Save the job posting, relevant performance policy, or other document that describes the role or decision.
- Notice of automated assessment: Keep any message or policy stating that a tool would be used, along with disclosed criteria, instructions, or explanations.
- Your inputs: Save the application, résumé, assessment questions and instructions, work sample, test results you received, and other materials you submitted. Keep a copy of what you actually sent, not just a blank template.
- The outcome: Preserve the rejection, ranking, suspension, termination, or other result notice, including its date and any stated reason.
- Follow-up communications: Keep related emails, texts, letters, and meeting notes. For a conversation, make a dated note identifying who participated and what was said.
- Requests and replies: Save requests for an accommodation, explanation, reconsideration, or correction, and the response or record that no response arrived.
Do not alter originals. If you add context or mark up a document, do so on a copy and keep the original alongside it.
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A background report from a consumer-reporting company follows a separate notice and dispute process. The EEOC and FTC describe a pre-adverse-action step in which the applicant or employee should receive a copy of the report and a summary of rights before the employer takes adverse action based on it. Save both items, along with the final adverse-action notice, which should include the reporting company’s contact information and information about dispute rights. See the EEOC and FTC employer guidance and applicant and employee guidance.
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If information in the report is wrong or incomplete, preserve the report and your dispute or correction correspondence with the reporting company, including any response. The applicant or employee may challenge mistakes with that company; keep a record of what you disputed and when.
Keep disability-accommodation records together
If a tool or assessment may have disadvantaged you because of a disability, retain the accommodation request, the employer’s response, and any related instructions or communications with the assessment provider. The EEOC and Department of Justice have identified concerns including screening out qualified people with disabilities, accommodation procedures, and disability-related inquiries or medical examinations in algorithmic assessments. See the EEOC and DOJ warning and the EEOC’s Artificial Intelligence and the ADA resource page.
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Know what retention rules do—and do not—mean
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. The guidance describes a two-year period for educational institutions and state and local governments, and for certain federal contractors that meet specified size and contract thresholds. If a discrimination charge is filed, relevant records must be kept until the charge is concluded. These are employer obligations, not a deadline for workers to delete their own copies. Details are in the EEOC and FTC employer guidance.
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New York City has a specific AEDT notice and information route
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 requires a bias audit conducted no more than one year before use and public posting of an audit summary. Covered candidates or employees who reside in New York City must receive advance notice. The law specifies that notice must be given at least ten business days before use and allow a candidate to request an alternative selection process or accommodation.
If specified information about the type and source of data used by the AEDT and the employer’s retention policy is not disclosed online, a person may request it in writing. The statute sets a 30-day period for providing that information, subject to legal and law-enforcement exceptions. These requirements are specific to covered tools and circumstances; they do not mean every algorithmic employment decision nationwide is covered or that a person can demand source code. See New York City Administrative Code § 20-871 and the city’s AEDT information page.
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What to do if the decision may be disputed
- Write a short timeline. List the application or work event, assessment, notice, conversations, and any follow-up, using dates and names where known.
- Preserve the file. Keep the original notices, submissions, assessment materials, report, and communications in their received formats when feasible; do not rely on screenshots alone if you can retain the original email or document.
- Make a specific written request where appropriate. Ask for the explanation, correction, accommodation, reconsideration, or information you are seeking, and keep the request and response. If you are in NYC and the law applies, the written information request route may be relevant.
- Check the rules for your location and situation. Rights can differ based on state or city, whether the tool was used in hiring or employment, whether a consumer-reporting company provided information, and whether disability accommodation or discrimination is involved.
For an actual employment dispute, consult the relevant government agency or a qualified employment lawyer about deadlines and options. The records above help preserve what happened; they do not by themselves establish that a law was violated.
Quick Recap
Best Value
- Size: 13 x 10 x 0.7 inches. Fits A4 and letter-size paper, standard documents and filing needs.
- User-Friendly Features: Included sticker labels allow you to easily distinguish between different categories of files, maintaining neatness and enhancing productivity!
- Sleek and Portable: Designed to slip seamlessly into backpacks, laptop bags, or file cabinets, our lightweight folder keeps your documents tidy and accessible wherever you go.
- Built to Last: Crafted from polypropylene, our folders resist tears and deformation while remaining flexible. The secure snap closure offers easy access while keeping your papers securely in place.
- Versatile Utility: This folder isn't limited to organizing course papers for college students; it's perfect for storing business tax documents, recipes, important receipts, and more!
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