Artificial intelligence (AI) is transforming how companies make employment decisions, especially in the hiring process. Employers and employment agencies increasingly rely on AI systems to evaluate job applicants, rank resumes, and conduct assessments. While these tools promise efficiency and consistency, they also carry significant risks. AI can replicate or even amplify bias hidden in the data on which it is trained, leading to unlawful discrimination in violation of federal and local law.
If discrimination occurred because of an AI-based hiring system, affected applicants and employees have the right to file a charge with the Equal Employment Opportunity Commission (EEOC). Understanding your rights under the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and related statutes is crucial for protecting yourself. This article explores how to file an EEOC charge for AI-related hiring discrimination, the relevant legal framework, the investigation process, and the remedies available under U.S. law.
Equal Employment Opportunity and the Law
The Equal Employment Opportunity Commission EEOC is the federal agency responsible for enforcing anti-discrimination laws. It ensures equal employment opportunity by investigating complaints and taking action against discriminatory practices. Federal statutes enforced by the EEOC include:
- Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.). This landmark law prohibits employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), or national origin.
- Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621 et seq.), often called the Employment Act or ADEA, which prohibits age discrimination against individuals who are 40 years of age or older.
- Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), or the Disabilities Act, which bars disability discrimination against qualified individuals.
These statutes apply to a wide range of entities, including private employers, employment agencies, labor organizations, and joint employer relationships. They govern workplace decisions such as hiring, firing, promotion, compensation, and other terms and conditions of employment.
How AI-Based Hiring Tools Can Discriminate
AI has transformed the application process, but it’s not immune to bias. Employers may use AI in:
- Resume screening and ranking.
- Video interviews analyzed by algorithms.
- Online testing scored automatically.
When a company programs its AI without carefully addressing bias, it may systematically exclude protected groups. For instance:
- An AI system might favor younger candidates, causing age discrimination.
- Algorithms could score candidates differently based on race or national origin.
- AI assessments may reject people with disabilities if they fail to accommodate assistive technologies.
Even if the organization engaged did not intend to discriminate, these outcomes violate federal law. Under Title VII, the ADA, and the ADEA, employers remain responsible for the consequences of the tools they choose.
Filing an EEOC Charge for AI-Based Hiring Discrimination
When to File a Charge with the EEOC for Employment Discrimination
If you believe an AI-based hiring system led to unlawful discrimination, you can file a charge with the EEOC. This is the formal process by which the EEOC opens an investigation.
Elements of a Charge
A charge must be a signed statement (or signed statement asserting) that explains:
- Your name, address, and telephone number.
- The employer’s or employment agency’s name, address, and telephone number.
- A clear account of what happened—what discrimination occurred, when, and how.
- The protected characteristic (race, color, religion, sex, national origin, age, or disability) involved.
For AI cases, you should describe how the company programmed or used technology in a way that disadvantaged you.
Deadlines
Under federal law, you usually must file within 180 calendar days of the discriminatory act. This period extends to 300 days if your state or locality has a local law or agency enforcing similar protections.
Filing Methods
You can submit your complaint:
- Online through the EEOC Public Portal.
- By mailing a signed statement to the nearest EEOC office.
- In person.
- By phone, where staff can help you begin.
Your charge may also be “dual filed” with a state or local fair employment practices agency.
Equal Employment Opportunity Commission’s Informal Process and Investigation
After a charge is filed, the EEOC often proposes mediation. This informal process allows both sides to negotiate and resolve the dispute voluntarily. Many cases settle at this stage, saving time and expense.
If mediation fails or is declined, the EEOC investigates. Investigations often involve:
- Reviewing the employer’s hiring practices, data, and policies.
- Examining how the AI system functions, including potential disparate impacts.
- Interviewing employees, managers, job applicants, and decision-makers.
- Requesting technical details on how the company programmed its algorithms.
The EEOC determines whether the evidence shows unlawful discrimination.
Remedies Available
If the EEOC concludes there was discrimination, it may:
- Seek a settlement with the employer or employment agency.
- File a lawsuit on behalf of the charging party in federal court (for example, in the Eastern District).
- Issue a Notice of Right to Sue, which allows you to file your own lawsuit.
Potential remedies include:
- Back pay and lost benefits.
- Hiring or reinstatement.
- Compensatory and punitive damages (under Title VII and the ADA).
- Changes to employment policies or AI systems.
- Training for staff to prevent future discrimination.
These remedies aim to make victims whole and ensure equal employment opportunities moving forward.
Example: AI Discrimination in Practice
Consider a company that uses AI to screen resumes, trained on historical data dominated by younger, white male hires. If the system automatically downgrades resumes from older workers, people of color, women, or those with disabilities, it violates anti-discrimination laws—even if no human intended it.
Similarly, an employment agency offering AI screening as a service may face liability if the tool excludes certain applicants based on race or national origin.
Employers’ Obligations Under the Law
Employers and employment agencies must ensure their workplace decisions do not discriminate unlawfully, whether those decisions are made by humans or algorithms. Under anti-discrimination laws, they must:
- Audit AI systems for bias and disparate impact.
- Ensure AI tools are accessible to applicants with disabilities under the Disabilities Act.
- Avoid criteria that exclude older applicants, consistent with the Age Discrimination in Employment Act.
- Ensure employment decisions are job-related and consistent with business necessity.
Failing to meet these obligations can lead to legal exposure, EEOC filed charges, and court orders requiring systemic changes.
Charging Party Rights
As the charging party, you have rights throughout the EEOC process:
- Access to clear explanations about the process.
- Opportunity to participate in mediation or settlement discussions.
- Updates on investigation progress.
- The ability to receive a Notice of Right to Sue if the EEOC does not resolve the charge or if you want to proceed to court.
Even if the EEOC declines to litigate, you can pursue your claim independently.
The Role of Attorneys and Free Consultations
Employment attorneys guide people regarding employment discrimination laws that everyone should know. However, that’s not enough. Many people choose to work with attorneys when filing a charge. Employment lawyers can:
- Help you assess whether discrimination occurred.
- Draft a strong signed statement.
- Communicate with the EEOC.
- Represent you in mediation, settlement talks, or lawsuit proceedings.
Many employment attorneys offer a free consultation, making it easier to understand your rights without upfront cost.
Addressing Bias in AI: Employer Best Practices
Employers should not wait for EEOC charges or lawsuits to ensure compliance. Best practices include:
- Auditing AI tools regularly for potential discrimination.
- Partnering with vendors that provide transparency about algorithms.
- Documenting efforts to identify and mitigate bias.
- Providing training for HR staff and managers.
- Making workplace decisions that prioritize fairness and inclusivity.
- Ensuring accommodations for disabilities throughout the application process.
These steps help avoid violation of federal and local laws and foster trust among employees and applicants alike.
Contact Bourassa Law Group for a Free Consultation
If you believe you’ve experienced employment discrimination through an AI-driven hiring system—or any other form of bias—don’t face it alone.
Contact Bourassa Law Group today for a free consultation.
Our experienced team will review your claim, explain your rights under the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and local law, and help you with the EEOC process or lawsuit in court.
Let us help you protect your career and hold employers accountable for fair, legal employment decisions. Reach out now to take the next step. Get in Touch Today.
1-800-870-8910