{"id":395614,"date":"2026-04-21T13:04:58","date_gmt":"2026-04-21T18:04:58","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/?page_id=395614"},"modified":"2026-06-16T10:09:42","modified_gmt":"2026-06-16T15:09:42","slug":"what-are-my-legal-rights-when-employers-use-ai-in-hiring","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/hiring-process\/what-are-my-legal-rights-when-employers-use-ai-in-hiring.html","title":{"rendered":"What Are My Legal Rights When Employers Use AI in Hiring?"},"content":{"rendered":"\n
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What Are My Legal Rights When Employers Use AI in Hiring?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

You have the same legal protections against AI hiring discrimination as you do against human discrimination. Federal laws like Title VII, the ADA, and ADEA prohibit employment discrimination regardless of whether AI made the decision. Several states also require employers to provide transparency, conduct bias audits, or allow you to opt out of AI-based hiring decisions.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

The use of artificial intelligence (AI)<\/span> has entered human resources<\/span>, where algorithms<\/span> create job postings<\/span> and sort through stacks of job applications<\/span>. AI hiring tools<\/span> can help employers make better hiring decisions<\/span>, but there is always a risk of discrimination or bias.<\/p>\n

For prospective employees, AI bias<\/span> poses an additional risk because no human\u00a0decision-making<\/span>\u00a0is\u00a0involved. Applicants may never know why their resume got rejected or why they didn\u2019t pass the first round of interviews. \u201cAutomated Decision Systems\u201d (ADS) do the approving or rejecting, and there\u2019s a chance no human ever saw your resume.<\/p>\n

Some states have already enacted laws to head off new dangers of bias in the hiring process<\/span>. Employers remain liable for discrimination under existing federal\u00a0laws<\/span> if bias occurs, regardless of whether AI made the error. If you\u2019re worried about your job prospects under the new AI hiring tools<\/span>, keep reading to learn your rights.<\/p>\n

AI Hiring Tools<\/span><\/strong><\/h2>\n

Artificial intelligence (AI) in hiring typically uses algorithms and machine learning to analyze applicant data. These systems are trained on large datasets (such as past hiring decisions, employee performance records, or resume databases) to identify patterns and predict how well a candidate fits the job description.<\/p>\n

Employers and recruiters can use AI for resume screening to include or exclude specific job skills, education, or other desired traits. Screening tools can also help headhunters recruiting for high-value positions by searching for particular names or corporations.<\/p>\n

AI tools do not do anything that HR professionals and their staff cannot do. AI just does it faster. In theory, AI tools could reduce human bias by focusing solely on job-relevant qualifications. However, AI systems can inherit or amplify bias from their training data, even when protected characteristics aren’t explicitly included as inputs. The quality and objectivity of an AI system depend heavily on the data used to train it.<\/strong><\/p>\n

This has led to some complex legal questions in the field.<\/p>\n

Mobley v. Workday, Inc.<\/strong><\/h2>\n

In 2024, Derek Mobley filed a lawsuit against Workday, Inc.<\/a>, an HR software program many employers use to manage job applications and screen candidates. Workday collects resumes, administers screening tests, and manages communication between applicants and employers throughout the hiring process.<\/p>\n

Mobley (later joined by four other plaintiffs) alleges that they have applied for hundreds of jobs on Workday and have been rejected for nearly all of them without an interview.\u00a0<\/p>\n

Mobley’s complaint argues that, given the timing and speed of the rejections (one arrived less than an hour after he sent it; another at 1:30 a.m.), it was likely that no human was looking at them.<\/p>\n

The lawsuit alleges that Workday\u2019s algorithmic applicant recommendation system discriminates against job applicants based on protected characteristics<\/a> like age, race, and disability.\u00a0<\/p>\n

These details are rarely explicitly stated on someone’s job application. So you might wonder how an algorithm could discriminate based on age or race. But might be surprised at what can be inferred from a resume or job application.\u00a0<\/p>\n

For example, the education section of Mobley’s resume indicated that he graduated from Morehouse College in 1995. Morehouse is a historically Black college, and his graduation year (along with his employment history) could be used to approximate his age.\u00a0<\/p>\n

The complaint argues that these details, combined with documented issues of bias in machine learning, can lead to discrimination.<\/p>\n

The lawsuit became a class action<\/span> in 2025<\/a> and, as of June 2026, is still in the discovery phase<\/a>.\u00a0<\/p>\n

State Laws on AI Use<\/span> in Hiring<\/strong><\/h2>\n

Although there are no federal laws<\/span> that restrict the use of AI<\/span> in hiring, a few states have begun protecting workers and job seekers from possible AI violations. These laws allow employers to use AI to screen applicants<\/span>, subject to a number of restrictions. California, Illinois, and New York all have laws stating that employment agreements cannot contain a provision allowing employers to create or use a digital replica of a worker\u2019s voice or image.<\/p>\n

Let\u2019s take a closer look at some of the laws already in place.<\/p>\n

California<\/strong><\/h3>\n

California\u2019s Fair Employment and Housing Act (FEHA) protects workers whose rights have been violated by any employment decisions<\/span>. These include those made by automated decision-making<\/span> technology (ADMT). Claimants do not need proof of intent; they only need proof of discrimination based on a protected characteristic<\/span>.<\/p>\n

S.B. 53, passed in 2025, protects whistleblowers and developers of very large AI systems<\/span> from retaliation if they report safety concerns while assessing their systems during development. 11 CCR \u00a7 7120<\/a> makes employers subject to California\u2019s Consumer Privacy Protection Act (CPPA) that use ADMT for any employment decisions<\/span> without human involvement (including hiring, training, or recruiting) must provide pre-use notice, opt-out, and access rights.<\/p>\n

Colorado<\/strong><\/h3>\n

As of June 30, 2025, employers must comply with high-risk AI system<\/span> standards. This includes conducting bias audits<\/span> for all AI systems<\/span> in employment.<\/p>\n

Illinois<\/strong><\/h3>\n

Illinois has some of the most comprehensive protection for workers regarding the use of AI<\/span> as a hiring and recruiting tool<\/span>. The Artificial Intelligence<\/span> Video Interview<\/span> Act (2019) requires employers to inform applicants if they record video interviews<\/span> and use AI to analyze them. Employers must comply with existing consent and data retention policies.<\/p>\n

The Illinois Human Rights Act (IHRA) was amended in 2023 to prohibit employers from using AI to recruit, hire, promote, renew employment, or make any other employment decision<\/span> when the use subjects employees to discrimination or disparate treatment<\/span>.<\/p>\n

Maryland<\/strong><\/h3>\n

Since 2020, employers must obtain consent before using AI-based<\/span> facial recognition technology for hiring purposes.<\/p>\n

New York City<\/span><\/strong><\/h3>\n

The NYC Administrative Code requires the use of bias audits<\/span> for AI systems<\/span> used in hiring and in-house promotions.<\/p>\n

Texas<\/strong><\/h3>\n

As of 2025, employers may not intentionally develop or use an AI system<\/span> to discriminate against a protected class<\/span> in violation of federal law<\/span>.<\/p>\n

Federal Regulations<\/strong><\/h2>\n

Although there are no federal regulations prohibiting the use of AI<\/span> for hiring, the Equal Employment Opportunity Commission<\/span> (EEOC<\/span>) monitors AI and other hiring practices<\/span> for signs of discrimination and disparate treatment<\/span>. The EEOC<\/span>\u2019s amicus brief<\/a> in Mobley v. Workday<\/span><\/em> explained that platforms and others like them must beware of explicit or implicit bias in their screening algorithms<\/span>.<\/p>\n

Hiring discrimination<\/span> violates federal laws<\/span>, no matter how it occurs. AI models<\/span> only follow previous patterns of acceptance and rejection. Some federal laws<\/span> that are involved in AI hiring and discrimination practices include:<\/p>\n