HR & hiring

Regulated uses

• CV/résumé screening, ranking and keyword filtering
• Video or game-based candidate assessments and personality scoring
• Chatbots that pre-screen or schedule applicants
• Promotion, pay, performance and termination recommendations
• Workforce monitoring and emotion or sentiment analysis
• Automated job-ad targeting that can exclude protected groups

Laws by region

Obligations checklist

• ☐Inventory every tool that touches recruiting, hiring, promotion or discipline, including AI features inside your ATS.
• ☐Tell applicants and employees when AI is used, and say so in public job postings where required (Ontario, NYC notice, Illinois).
• ☐Run and document adverse-impact testing at least annually; in NYC use an independent auditor and publish the summary.
• ☐Remove birth dates, zip codes and other proxies for protected characteristics from model inputs.
• ☐Keep a human able to review and overturn AI recommendations, and record when they do.
• ☐Get vendor documentation on training data, testing, limitations and intended use (needed under Colorado from 2027 and the EU AI Act).
• ☐Offer an alternative process or accommodation for candidates who ask.
• ☐Prepare the EU high-risk file (risk management, logs, human oversight, conformity assessment) before 2 December 2027 if you hire in the EU.

Real cases

• Settlement2023 · US-federal
  EEOC v. iTutorGroup — hiring software that auto-rejected older applicants

  Settlement announced 9 August 2023 (EEOC v. iTutorGroup, Inc., No. 1:22-cv-02565, E.D.N.Y.). iTutorGroup agreed to pay $365,000 to rejected applicants, adopt new anti-discrimination policies and training, stop asking for birth dates, invite previously rejected applicants to re-apply if US hiring resumes, and accept EEOC monitoring for five years. The company did not admit wrongdoing.

• Lawsuit2025 · US-federal
  Mobley v. Workday — collective action over AI hiring screens (ongoing)

  Ongoing as of September 2026. In July 2024 the court refused to dismiss the case, accepting the agent theory. On 16 May 2025 it conditionally certified a nationwide ADEA collective of applicants aged 40+ rejected via Workday's platform since September 2020; the opt-in notice period closed on 7 March 2026. In June 2026 the court let California FEHA claims and a proxy-discrimination disability claim proceed. No trial date, judgment or settlement has been reported.