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The U.S. Equal Employment Opportunity Commission (EEOC) says AI-related employment discrimination can involve resume screening, video-interview analysis, chatbots, task timing, location tracking, facial or voice analysis, email and keystroke monitoring, and recommendations affecting pay, promotion, layoffs or termination. AI use by itself does not prove unlawful discrimination; your record must connect the tool, the employment decision, the harm and a protected basis or accommodation issue. Read the EEOC’s worker guidance.
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Start with a contemporaneous timeline
Open a log while events are fresh. Use one entry for each event, with the date, approximate time, people involved, what you personally observed, and where the information came from. If you remember something later, label it as a later recollection rather than presenting it as a note made on the day.
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- Identify the job application, interview, assessment, performance review, pay decision, promotion, layoff, suspension or termination involved.
- Note when the process began, each stage you completed, when you received a score or result, and when and how you learned the final decision.
- Quote or accurately paraphrase the explanation given by the employer. Identify whether it came by email, letter, telephone, meeting or an online portal.
- Add relevant background, such as your job title, actual duties, length of service, qualifications, prior reviews and events immediately preceding the decision. The EEOC’s evidence guidance treats this background and the sequence of events as relevant investigative material. See EEOC evidence guidance.
Do not fill gaps with assumptions. “My application was rejected after the automated assessment” is a fact you can date. “The algorithm rejected me because of my age” is a conclusion unless you have evidence supporting it.
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Describe exactly where technology appeared
Document the process as a user would experience it. If you know the product, assessment or vendor name, write it down; if you do not, describe the screen, email, instructions or conversation that identified the technology. The EEOC lists many forms of workplace AI, so avoid assuming that an unfamiliar automated step was an AI system without a factual basis. The EEOC’s examples are here.
Capture the task and the output
- Where did the tool appear: application screening, recorded interview, skills test, scheduling, productivity monitoring, attendance, compensation, promotion or discipline?
- What were you asked to do? Preserve the instructions, questions, time limits, required equipment and any warnings about scoring or monitoring.
- What did the system measure or display? Record scores, flags, error messages, countdowns, rejection messages and any explanation of how the result would be used.
- Who told you the tool was being used, when, and in what words? Save the announcement or message if one exists.
- List technical conditions that could affect accuracy, such as a malfunctioning camera or microphone, an inaccessible interface, a language issue, an interruption or an inability to use required equipment.
A screenshot can help show what appeared on screen, but keep the complete page, email or downloaded report as well. Note the URL, file name and date captured. Never claim a tool made a decision when your records show only that it produced a score or recommendation; identify the human decision-maker and the stated role of the result.
Preserve records without altering them
Keep original files in the format in which you received them when possible. Make a working copy for notes and retain an unchanged original. The EEOC describes original documents, or true and correct copies, as especially reliable evidence and recognizes that relevant material may be held by an opposing party or a third party. Its evidence manual explains these principles.
Build an evidence index
Give each item a simple identifier and record its source and context. A spreadsheet or text file can contain:
- Item number and file name
- Date and time obtained
- How you obtained it (for example, an email attachment, applicant portal download or meeting note)
- People who sent, received or appeared in it
- A short description of what it proves or records
- Where the original is stored and whether the copy is complete
Preserve job postings, application forms, resumes, cover letters, test instructions, scores, portal messages, interview invitations, performance records, pay statements, written warnings, termination notices, accommodation requests and responses. Export email threads with their headers when your system permits, and save attachments together with the message that explains them.
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Handle confidential information carefully
- Do not access systems, coworker accounts or records you are not authorized to use.
- Do not edit, rename in a misleading way, crop away context or overwrite an original.
- Keep employer and coworker confidential information to the minimum needed to explain your issue. Redact unrelated personal data in a copy, while retaining the unredacted original securely if you are authorized to possess it.
- Use a private location for your copies and maintain a backup that you can access if your work account is disabled.
These are prudent record-handling practices, not a guarantee that any particular file will be accepted as proof. If a record is likely to exist only in an employer’s or vendor’s system, note its likely location and ask an appropriate contact or an agency about it rather than attempting unauthorized access.
Identify decision-makers, witnesses and comparisons
People involved
For every significant event, record the person’s name, title or role, and what that person said or did. Separate the person who designed or administered a test from the recruiter, manager or panel that made the employment decision. Include anyone who explained a score, denied an accommodation, reported a monitoring flag or communicated the final outcome.
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Witnesses
List coworkers, interviewers, support staff or other people who directly saw the process or heard relevant statements. Write what each person could know, not what you think they will say. Record their contact information only when you have a lawful and appropriate way to retain it.
Similarly situated people
If you know of people with comparable duties, qualifications, supervisors or performance histories who were treated differently, record the factual basis for the comparison: the action, timing and observable differences. Do not guess about another person’s protected status, confidential performance information or the reasons for a decision you did not witness. The EEOC identifies decision-makers, witnesses and comparators as possible investigative lines of inquiry. See the agency’s evidence guidance.
Connect the harm to a protected issue without overstating it
Describe the practical effect: an application ended, a job offer was withdrawn, hours or pay changed, a promotion was denied, a performance warning was issued, or employment ended. Then explain why you believe a protected characteristic or accommodation issue may be relevant, using facts rather than labels.
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Federal EEOC protections described in its AI worker guidance include race, color, religion, sex (including gender, sexual orientation and pregnancy), national origin, age 40 or older, disability and genetic information. Review the EEOC’s list and examples. State and local laws may protect additional categories or impose different procedures.
Useful wording distinguishes evidence from inference: “I disclosed that I was pregnant on March 3, requested an alternative to the timed lifting simulation on March 4, and was rejected on March 5 after being told the score was automatic.” That is stronger and more accurate than asserting a motive you cannot yet establish.
Document disability, religion or pregnancy-related barriers
An automated test can measure a limitation created by its format rather than the essential ability needed for the job. The EEOC warns that AI tools may screen out qualified people with disabilities and says employers may have accommodation obligations. Its worker tip sheet advises asking to be evaluated in a way that demonstrates the ability to do the job; using the words “reasonable accommodation” is optional. Read the EEOC worker tip sheet.
Write down the barrier
- Identify the limitation or religious or pregnancy-related need that affected the format, timing, communication method or equipment.
- Describe the skill the assessment appeared intended to measure and why the format may not reflect your ability to perform the actual job.
- State when, how and to whom you requested a change, and keep the exact response, including silence or a refusal.
- Record whether an alternative was offered, whether you could complete it, and how the employment decision followed.
Keep medical information and other sensitive details limited to what is necessary and store it separately from a general timeline. If you have an accommodation request, preserve the request and response even when the employer says the tool is neutral or automatic.
Turn your notes into an evidence map
After collecting records, create a one-page map that ties each fact to the issue it may help establish. This helps an investigator or lawyer understand the sequence without requiring you to speculate about proprietary software.
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| Question | Evidence to list |
|---|---|
| What decision occurred? | Notice, date, stated reason, job or employment consequence |
| What technology was involved? | Instructions, platform name, screenshots, score, monitoring notice, person who identified it |
| Who controlled the decision? | Recruiter, manager, panel, vendor contact and communications showing each role |
| What harm resulted? | Lost offer, pay, hours, promotion, job or continued employment |
| What protected issue may be relevant? | Facts about the characteristic, disclosure, accommodation request or disparate treatment |
| Who can corroborate it? | Witness names, comparator facts and records held by the employer or vendor |
Mark each entry as “observed,” “documented by another person,” or “inference.” This keeps your account credible while making clear what evidence an agency might need to request from the employer.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Ask for an explanation through an appropriate channel
You may ask a recruiter, human-resources contact or manager what role an automated tool played, what the result meant and who made the final decision. Make the request factual and keep the reply. Ask for records you are entitled to receive under applicable policy or law; do not demand proprietary source code or confidential information you have no right to obtain. If the employer says the record is unavailable, add that response to your timeline.
The absence of a file in your possession does not establish that it never existed. The EEOC can seek information from employers, witnesses and other sources during an investigation, and its guidance recognizes that a worker may not possess comparative, statistical or internal decision records. See the EEOC’s evidence guidance.
Choose the right complaint route and act promptly
If you suspect discrimination, contact the EEOC by phone or through its Public Portal and verify the current contact method before submitting anything. Most federal employment-discrimination laws enforced by the EEOC require a Charge of Discrimination before a lawsuit, and strict filing deadlines apply. The deadline depends on the facts, the employer, the state or local jurisdiction and the alleged protected basis, so do not rely on a single universal number. The EEOC explains charge requirements and coverage.
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| Your situation | What to verify |
|---|---|
| Private employer | Whether the employer is covered, the applicable charge deadline and whether a state or local fair-employment agency is involved |
| State or local public employer | The relevant state or local complaint process, agency deadline and any EEOC coordination rules |
| Federal employee or applicant | The federal-sector EEO process and its contact and counseling deadlines, which differ from the ordinary private-sector charge route |
Contact the EEOC or a qualified employment lawyer promptly to confirm the route and deadline that apply to you. Filing deadlines can continue running while you gather documents.
Understand confidentiality and retaliation
An initial EEOC contact is confidential until a charge is filed. Filing a charge requires identifying information, and the EEOC says the employer receives the charging party’s name and basic allegation information. Read the EEOC’s confidentiality explanation.
Retaliation for filing a charge or participating in an EEOC investigation is unlawful. Keep documenting any later adverse action, including the date, decision-maker, stated reason and timing in relation to your complaint, and tell the investigator promptly if a charge is already open. Do not assume every unpleasant workplace event is retaliation; preserve the facts that allow the agency to assess it.
Know what employer retention rules do—and do not—mean
The EEOC generally describes a one-year retention rule for covered employers’ personnel and employment records, with different periods for some payroll and other records and extended preservation duties after a charge is filed. These are employer obligations, not a guaranteed personal preservation window and not a promise that a particular AI log exists. See current EEOC recordkeeping requirements.
Save your own copies now, even if you believe the employer must retain the material. Keep a note of records you cannot access and raise that issue with the EEOC or counsel rather than trying to obtain them improperly.
A practical checklist before you submit a complaint
- Complete the timeline, including the decision, preceding events and employer explanation.
- Describe the tool, task, score or monitoring event without claiming more than you know.
- Preserve complete originals and create an indexed copy for review.
- List decision-makers, administrators, witnesses and fact-based comparators.
- Describe the employment harm and the protected issue or accommodation barrier involved.
- Record every accommodation request and response.
- Note records controlled by the employer, vendor or another third party.
- Check the correct EEOC, state, local or federal-sector route and deadline immediately.
- Continue the log for later decisions or possible retaliation.
Frequently Asked Questions
Do I need to prove that the employer used AI before contacting the EEOC?
No. Report what you can establish, such as a platform notice, assessment instructions, score or statement by a recruiter. Identify uncertainty instead of asserting that an undisclosed system was AI; the EEOC can seek relevant information from the employer or other sources.
What if I do not have the employer’s internal algorithm records?
That is common. Preserve your own complete records, describe the missing material and where it is likely held, and tell the EEOC or a lawyer. Workers may not possess internal, comparative or statistical evidence.
Can I remain anonymous when I file an EEOC charge?
Initial contact is confidential, but filing a charge requires identifying information and the employer is notified of the charging party’s name and basic allegations.
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