Artificial Intelligence (AI) is being used during almost every stage of the hiring process, from identifying candidates and screening resumes to conducting and evaluating interviews. While these tools can help employers handle a large number of applicants, this technology can create concerns about discrimination. Unfortunately, the data used to build a system, how the algorithm evaluates an applicant, or the way an employer uses the results can put certain groups of applicants at a disadvantage. If an employer uses AI technology to make hiring decisions that are discriminatory, there are federal, state, and city laws in place that protect you against certain forms of employment discrimination. An experienced employment lawyer will thoroughly examine the details of your case, determine whether your rights have been violated, and recommend the best legal course of action.
How Employers Use AI to Screen Applicants
Employers may take advantage of AI at several points during the hiring process, including identifying which applicants they would like to bring in for an interview. The following are examples of how AI is used to screen applicants:
- Resume screening. An employer may use an Applicant Tracking System (ATS) that has automated screening features, which can scan resumes for keywords, job experience, education, certifications, or other qualifications and then rank or filter applicants.
- Knockout questions. Online applications may contain questions designed to automatically remove candidates who do not meet a particular requirement. For example, if an applicant does not have a required certification, has insufficient experience, or gave a particular answer to an application question, they may be eliminated from the pool of applicants.
- Chatbots. Some employers use AI-powered chatbots to communicate with applicants, collect information, answer basic questions, schedule interviews, or guide candidates through an application. If the system is programmed in a certain way, this can affect whether an applicant moves forward in the process.
- Online skills and personality tests. AI can evaluate applicants through personality tests, skills assessments, situational questions, or even game-like assessments. These tools may attempt to measure qualities such as communication, attention, problem-solving, or work style.
- Video interviews. Some employers use recorded video interviews where applicants answer standardized questions. Automated systems may analyze aspects of the interview, although the methods and factors considered can vary significantly between tools. The EEOC has identified automated video-interview analysis as one way AI can be used during the hiring process.
- Targeted job advertising. AI can also influence who sees a job advertisement in the first place. Advertising systems can use information about people’s online activity, interests, location, or other characteristics to determine which users receive particular employment advertisements.
When Algorithmic Hiring Becomes Illegal Discrimination
In Pennsylvania, “algorithmic hiring” can become illegal discrimination when an employer uses an automated hiring system in a way that discriminates against applicants because of a protected characteristic. The following are examples of when AI hiring becomes illegal discrimination:
- The algorithm screens out a protected group disproportionately.
If an employer’s résumé-screening system consistently rejects qualified applicants from a particular racial group at a significantly higher rate, it can raise a discrimination issue. - The AI relies on biased historical hiring data.
An employer might train an algorithm using its past hiring decisions. If those past decisions reflected discrimination, the algorithm could learn patterns that favor certain applicants and disadvantage others. - The system uses a proxy for a protected characteristic.
An employer does not necessarily have to tell an AI system to discriminate directly. A seemingly neutral factor—such as a ZIP code, employment history, school attended, or certain language patterns—could potentially operate as a proxy for a protected characteristic. - AI disadvantages applicants with disabilities. An automated video-interview system could evaluate speech, facial expressions, eye contact, or other behaviors in ways that disadvantage someone because of a disability.
- An employer uses AI to make decisions that should receive human review.
Pennsylvania itself has taken a cautious approach to AI in its own hiring system. In 2026, the Commonwealth said its hiring managers may use AI for tasks such as summarizing interview notes and drafting job descriptions, but may not use it to assess interview responses or make hiring decisions. Human reviewers continue to evaluate applications.
Your Rights Under Title VII, the ADA, and the PFPO
If you are applying for a job in Philadelphia, there are laws in place that protect you if an employer uses AI in a discriminatory way. These laws apply to the employer’s decision-making even when software performs part of the screening, as opposed to a human recruiter. The following provides an overview of how Title VII, the Americans with Disabilities Act (ADA), and Philadelphia’s Fair Practices Ordinance (PFPO) protect your rights:
- Title VII protections. Title VII of the Civil Rights Act prohibits employment discrimination based on race, color, religion, sex, and national origin. The following are examples of situations where an AI hiring system could raise a Title VII issue:
– An automated resume screener disproportionately rejects applicants from a particular racial or ethnic group.
– An algorithm evaluates applicants differently because of gender or sex-related information.
– An AI recruiting system directs job advertisements toward or away from people based on protected characteristics. - ADA protections. The ADA provides additional protection to qualified applicants and employees with disabilities. AI can create problems when a hiring assessment measures something unrelated to the applicant’s ability to perform the job. For example, an automated video interview may penalize an applicant because of speech patterns associated with a disability. You may request reasonable accommodation during an AI-assisted hiring process, including an alternative testing method or other modifications that allow the employer to accurately evaluate your qualifications.
- Philadelphia Fair Practices Ordinance (PFPO). This provides local employment-discrimination protections when an employer uses AI to screen resumes, rank applicants, decide who advances to an interview, and recommend candidates to hiring managers. The PFPO focuses on whether an applicant received unfavorable treatment due to a protected characteristic.
What to Do if You Suspect AI Bias Cost You a Job
If you believe that an AI hiring tool caused you to lose out on a job opportunity, you must take the following steps:
- Keep copies or screenshots of the following:
– Job posting and description
– Communications with the employer
– AI assessment chatbot interview, personality test, or automated screening results
– Notes about when you applied, interviewed, and were rejected - Look for signs that the technology may have treated you differently. AI bias can be difficult to prove because you may not know exactly how the system scored your application. Potential warning signs could include:
– An automated assessment appears to penalize a disability-related characteristic
– You were rejected despite apparently meeting the stated qualifications
– The employer’s AI assessment measured something unrelated to the actual job
– You received a different screening process than other applicants
– The system appeared to misunderstand your speech, communication style, or another disability-related characteristic
– The employer refused to provide an alternative assessment after you explained that the technology was creating a disability-related problem - Ask the employer what happened. You can contact HR or the recruiting department and ask factual questions such as:
– Was AI used to evaluate my application?
– What parts of my application were evaluated automatically?
– What qualifications or characteristics did the assessment measure?
– Can my application be reviewed by a person? - Identify the protected characteristic involved. AI used by itself does not necessarily make a hiring decision illegal. The important question is whether the technology was used in a way that discriminated against you because of a legally protected characteristic.
- Consider filing a discrimination complaint. If you believe you were rejected because of a protected characteristic, you can consider contacting the EEOC. There are filing deadlines, so you generally should not wait while trying to investigate the technology yourself. If your situation occurred in Philadelphia, you may also have protections under Philadelphia’s employment-discrimination laws, depending on the facts.
- Contact an employment lawyer. An employment lawyer can help determine whether the facts support a discrimination claim and what evidence may be useful.
Frequently Asked Questions (FAQs):
What types of AI hiring practices lead to discrimination?
When AI tools screen resumes, rank applications, or make recommendations based on data that reflect an existing bias, this can lead to hiring decisions that are discriminatory in nature.
How can I tell if an AI hiring tool discriminated against me?
It can be difficult to prove that an employer’s AI system was responsible for discriminating against you. However, useful evidence, including application records, communications with recruiters, and statements about how the employer uses AI, can help prove that the AI hiring tool was discriminatory.
Can an AI hiring tool legally reject a Philadelphia job applicant?
If an AI system disproportionately screens out applicants because of a protected characteristic, the situation may raise discrimination concerns under applicable federal, state, or Philadelphia law. An employer generally cannot avoid responsibility simply because a computer program or algorithm made the hiring decision.
Our Skilled Philadelphia Employment Lawyers at The Gold Law Firm P.C. Assist Clients With AI-Related Discrimination Claims
If you believe that an employer’s AI hiring tools are discriminatory and caused you to be passed over for a job opportunity, contact our Philadelphia employment lawyers at The Gold Law Firm P.C. We will examine the evidence, ensure that your legal rights are protected, and negotiate the best possible settlement outcome. To schedule a free consultation, call today at 215-569-1999 or contact us online. With office locations in Philadelphia and Malvern, Pennsylvania, Pennsauken, New Jersey, and New York, New York, we proudly serve clients in the surrounding areas. *NYC, Pennsauken, and Malvern offices are by appointment only.
