There is no single “right to an explanation” whenever an employer uses AI. Your protections depend on where you are, what decision the system influences, and whether it materially affects selection or another employment outcome. New York City has specific notice, audit, and accommodation rules for certain hiring and promotion tools. The EU AI Act classifies many recruitment systems as high-risk, bringing obligations for providers and deployers but not a universal employee appeal right. In every jurisdiction, existing anti-discrimination and disability laws can still apply when an algorithm produces the result.
Start with the jurisdiction and the decision
“AI hiring” can mean a résumé-ranking model, a chatbot that schedules interviews, a test-scoring system, a shift scheduler, or software that recommends termination. Those uses are not regulated identically. The key questions are:
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- Where did the decision occur? City, state, national and, in Europe, member-state rules can differ.
- What did the tool do? A system that materially ranks or filters applicants is treated differently from one that merely organizes information.
- What decision was affected? The strongest rules in the examples below concern hiring and promotion; they do not automatically cover scheduling, performance ratings or termination.
- What harm or barrier occurred? Discrimination and disability-accommodation protections may apply even when an employer followed a separate AI-audit rule.
The examples in this article are concrete, not a complete inventory of United States federal or state law, every European Union implementation measure, or every available remedy.
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New York City’s Local Law 144 applies to a defined automated employment decision tool (AEDT), not to every algorithm used at work. The city code defines an AEDT as a computational process derived from machine learning, statistical modeling, data analytics or artificial intelligence that produces a simplified output—such as a score, classification or recommendation—and is used to substantially assist or replace discretionary decision-making. The covered employment decisions are screening candidates or employees for promotion within New York City.
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That definition means a tool’s role matters. A résumé system that materially narrows who advances can fall within the law. A database that only sorts names alphabetically, without influencing selection, may not. Classification should follow the tool’s intended use and actual influence, rather than its marketing label.
A bias audit must precede use
An employer or employment agency may not use a covered AEDT to screen a candidate or employee unless the tool received a bias audit no more than one year before use. Before the tool is used, the employer or agency must also publish a summary of the latest audit and the distribution date of the audited version. The city code sets these as conditions of use; a public summary is not a guarantee that an individual outcome was accurate or fair.
The statutory text is available in the NYC Administrative Code, Subchapter 25. Audit requirements do not replace ordinary anti-discrimination duties, and they do not establish that every applicant is entitled to the underlying model, source code or a personalized explanation.
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Advance notice tells you what will be assessed
At least 10 business days before using the tool, the employer or agency must notify a New York City-resident candidate or employee that the AEDT will be used. The notice must identify the job qualifications and characteristics the tool will assess. It must also tell the person how to request an alternative selection process or an accommodation.
If the relevant information is not already on the employer’s or agency’s website, a written request must make available the type and source of data collected and the data-retention policy. This is an information right about the tool and its data practices—not a promise that you will receive the model’s reasoning for your score, a guaranteed human reconsideration, or an automatic opt-out from the process.
Where to report a missing audit or notice
The city’s worker-facing guidance explains that people can report an employer or agency that did not conduct or post the required audit or failed to provide notice. The NYC Department of Consumer and Worker Protection AEDT page describes the reporting route and the information the city asks for. Keep the job advertisement, application screens, notices, the tool’s name, dates, and messages exchanged with the employer so an agency can evaluate what happened.
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Disability accommodation and discrimination still apply
Technology compliance does not shield an employer from discrimination liability. The NYC Commission on Human Rights’ disability-discrimination guidance states that covered entities remain responsible for decisions made with AI and other technology. An employer cannot avoid responsibility by saying that an algorithm, rather than a person, caused the discriminatory result.
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The guidance gives a practical example: an employer’s technology use may be discriminatory if it does not permit an applicant to request an accommodation or does not offer an alternative way to apply. An inaccessible timed assessment, a video-interview system that fails to work with assistive technology, or a screening process that penalizes disability-related speech or movement can raise issues even if the employer has a current AEDT audit.
How to make an accommodation request
Use the contact method in the job posting or notice, and describe the barrier and the adjustment you need. You do not have to diagnose the algorithm; explain what part of the process you cannot complete and request an alternative method or other reasonable accommodation. Preserve the request and the employer’s response. If the employer refuses to let you request an accommodation or offers no workable alternative, the city guidance identifies that as a potential disability-discrimination concern.
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New York City’s 2026 enforcement position
On October 1, 2026, the NYC Department of Consumer and Worker Protection, Commission on Human Rights and Taxi and Limousine Commission announced an enforcement policy addressing AI and existing city laws. The policy makes clear that an entity cannot escape responsibility for a violation by blaming the technology it chose to use. Deputy Mayor for Economic Justice Julie Su said: “A company that breaks the law is responsible for what its technology does, and the agencies that enforce our laws and this will hold violators accountable.” Commission on Human Rights Commissioner and Chair Christine Clark stated: “Discrimination is illegal, whether that discrimination is committed by a person or an algorithm.” The announcement is a current enforcement signal, not a new citywide right to receive an explanation of every automated decision. Read the October 1, 2026 enforcement-policy announcement for the agencies’ statement.
Potential Local Law 144 penalties
A 2026 New York State Comptroller audit report describes civil penalties of $500 to $1,500 per day for non-compliance with Local Law 144. That range is the report’s description of the law’s penalty framework, not a statistic showing how much was collected in AEDT cases. The Comptroller audit covered July 2023 through June 2025. Its findings are in the Comptroller’s Local Law 144 enforcement report.
The European Union: high-risk employment systems under the AI Act
The EU AI Act takes a risk-classification approach rather than banning AI hiring generally. European Commission guidance says many systems intended for recruitment or selection, or that materially affect the terms of a work-related relationship, may be classified as high-risk. The classification concerns the system’s intended purpose and influence; it is not triggered merely because software uses the word “AI.”
Examples that can be high-risk
The Commission’s employment guidance lists systems that:
- source candidates or target employment advertisements;
- match candidates to vacancies;
- score answers and rank applicants for interviews;
- rank or filter applications;
- conduct background-check filtering when the output materially affects progression; or
- otherwise materially shape recruitment, selection or work-related decisions.
Calling a person a “human reviewer” does not automatically change the classification when the system’s output is a primary input or materially influences the outcome. Organizations using high-risk systems face obligations under the AI Act’s risk framework, but the cited guidance does not create one universal right for every applicant to demand a human appeal, opt out, or receive a full explanation.
Examples that may fall outside the cited recruitment category
The same guidance distinguishes narrower uses. A tool that only flags non-inclusive wording in a job advertisement, monitors an employer’s reputation without tracking individuals, or helps an applicant create a résumé or search for jobs under the applicant’s control may fall outside the recruitment category described there. Organizing résumé information without materially affecting selection can also be an exception. The dividing line is the tool’s actual effect on a person’s opportunity, so employers should assess intended use and real-world influence rather than classify every workplace system alike. See the European Commission AI Act Service Desk employment guidance.
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What these examples do—and do not—establish
| Question | New York City Local Law 144 | EU AI Act employment classification | Discrimination and accommodation example |
|---|---|---|---|
| Decisions covered | Candidate screening and employee promotion within New York City when a covered AEDT substantially assists or replaces discretion. | Many recruitment, selection and materially influential work-related systems may be high-risk; scope depends on intended use and exceptions. | Potentially any employment stage where a discriminatory barrier or result occurs; the NYC guidance is not limited to AEDTs. |
| Notice | At least 10 business days before use; identify the tool, assessed qualifications and characteristics, and how to request an alternative process or accommodation. | The cited guidance describes classification and obligations, not a single universal applicant-notice rule. | An employer must allow an accommodation request and provide an alternative application method where required by applicable disability law. |
| Audit or assessment | Bias audit within one year before use, with a public summary and audited-version distribution date published before use. | High-risk systems are subject to the Act’s risk-management and oversight framework; the guidance does not establish one identical audit document for every applicant. | An audit does not excuse discriminatory treatment or an inaccessible process. |
| Human review or appeal | Notice may allow an alternative selection process, but the law is not a general guarantee of personalized explanation or human reconsideration. | High-risk classification is not itself a blanket right to appeal every result. | Remedies depend on the applicable anti-discrimination and disability laws and facts. |
| Complaint route | Report missing audits or notices to NYC DCWP; discrimination and disability issues can also involve the NYC Commission on Human Rights. | Route depends on the relevant EU and member-state authorities and the specific AI Act obligation. | Use the relevant worker-rights, equality or disability agency, or qualified legal adviser for the location. |
What to do if an AI-assisted decision affected you
- Identify the decision and location. Save the job posting, office location, application or promotion date, and whether the outcome involved hiring, promotion, scheduling, performance or termination.
- Save every AI-related notice. Keep emails, privacy notices, screenshots, assessment instructions, the tool name, and the date the notice arrived. In New York City, compare the notice with the 10-business-day requirement and check whether it names the qualifications and characteristics assessed.
- Ask focused written questions. If you are in New York City and the website does not provide them, request the data types, data sources and retention policy. Ask what alternative selection process or accommodation is available if the technology creates a barrier. Do not assume that a request automatically entitles you to the model’s source code or a detailed score explanation.
- Request an accommodation promptly. Describe the specific barrier and the workable alternative you need. Keep proof of the request and the response, including any deadline the employer gives you.
- Record evidence of unequal treatment. Note inconsistent instructions, a disability-related failure, comments about protected characteristics, or evidence that the system screened you out despite meeting stated qualifications. Preserve original files rather than editing screenshots.
- Choose the appropriate complaint channel. For a suspected missing NYC audit or notice, use DCWP’s AEDT reporting information. For discrimination or disability concerns, contact the applicable city, state, federal or EU/member-state equality authority, or obtain advice from a qualified employment lawyer. The correct forum depends on your location, employer and claim.
- Act before records disappear. Employers may have short internal deadlines, and automated records can be overwritten under retention policies. A prompt written request helps establish what was used and when, but it does not guarantee that the employer must preserve every model output.
Common misconceptions to avoid
- “An audit proves my result was fair.” A bias-audit summary is a compliance disclosure about a tool and period tested; it is not proof that your individual assessment was correct.
- “If a person clicked approve, the AI rules disappear.” Material algorithmic influence can remain relevant even when a human is formally in the loop.
- “Every AI tool at work is covered by Local Law 144.” The NYC law is limited to its AEDT definition and candidate-screening or promotion decisions in the city.
- “The EU AI Act gives every applicant a right to opt out.” The high-risk classification and related obligations do not amount to one universal opt-out or appeal procedure.
- “Passing an AI compliance check defeats a discrimination claim.” Accessibility, reasonable accommodation and anti-discrimination duties operate independently of a particular audit or risk classification.
Bottom line for workers
When AI influences a job decision, begin by identifying the jurisdiction and the tool’s actual role. In New York City, a covered hiring or promotion tool generally requires a recent bias audit, a published summary and advance notice with specified information; the notice also points to an alternative process or accommodation request. Disability and anti-discrimination protections can apply to the technology’s outcome regardless of that audit. In the EU, many materially influential recruitment systems are classified as high-risk under the AI Act, but that classification is not a universal explanation or appeal right. Preserve records, make accommodation or information requests in writing, and take the evidence to the agency or adviser that governs the place where the decision occurred.
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