Policy

Where to Report an AI Hiring Decision You Think Discriminated

If you think an AI hiring tool discriminated against you, four doors exist, one with a hard clock: an EEOC charge, generally due within 180 days of the rejection (300 where a state or local agency also covers it), a state fair-employment agency, a city regulator for narrower local rules, and a private lawyer, who typically wants a pattern, not one rejection. Save the posting, any AI-use notice, the rejection's timestamp, and any score you were shown. Most suspicions become nothing, worth knowing before you spend months on one.

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None of the four doors above involve Olive, because there is no automated decision for a regulator to examine: a person writes each of six findings and attaches the evidence it rests on, and the candidate holds the identical report the employer does, on every tier.

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The Four Doors, and Which One Fits

Four different doors exist, and picking the wrong one first costs you time you may not have back. An EEOC charge is the federal door with a hard deadline; a state fair-employment agency is often broader; a city regulator enforces a specific local rule, like NYC's audit-and-notice law; and a private lawyer wants a pattern across candidates, not a single instance. Start with the door that has a clock attached, because the others do not expire the same way.

An EEOC charge is the door most federal claims run through, and for most of those claims it is also the required first step before you can sue in federal court at all 4. A parallel state fair-employment agency, where your state runs one, enforces your state's own discrimination law, and the existence of an agency enforcing a law that prohibits discrimination on the same basis is what stretches the federal deadline from 180 days to 300 4.

A city regulator handles a narrower kind of complaint. NYC's Department of Consumer and Worker Protection enforces Local Law 144's audit and notice duties specifically, a duty owed to the city rather than to you directly, whose civil penalties go to the city, not to you as damages 12. Filing there is worth doing if the employer skipped the notice or never posted an audit, but it is not a substitute for a discrimination charge if what happened to you is the discrimination itself, since the two duties are enforced separately and a violation of one says nothing about the other.

A private lawyer, when you find one willing to take the case, is typically looking for a pattern across multiple candidates rather than a single rejection, because that is what makes a case provable and worth the time a firm puts into it. The one docketed case testing whether a vendor itself, not just the employer, can be liable remains an open, contested lawsuit with no finding of liability yet 3, which is evidence the theory is live in court rather than proof that it wins.

Check the Clock Before You Do Anything Else

A federal EEOC charge is generally due within 180 days of the rejection, extended to 300 where a state or local agency enforces a law prohibiting discrimination on the same basis, and the clock starts on the day the decision happened, not the day you worked out why 4. For an age claim, only a state law with a state agency extends the deadline, not a local one 4. Check the date on your rejection first, before anything else.

One caution if you're reading older advice: the EEOC's own 2022 and 2023 technical-assistance documents specifically addressing AI hiring tools were taken off eeoc.gov in January 2025 and have not returned 5. The statutes those documents explained, Title VII and the ADA, were not repealed, and the charge-filing deadline above did not change; only the agency's AI-specific explainer came down, so a page still linking to it as current guidance is citing a dead resource.

None of this changes what you actually file. A charge under Title VII or the ADA is still filed on the underlying statute, using the same forms and the same office, whether or not the agency currently publishes an AI-specific walkthrough of how that statute applies to your situation.

What to Preserve Right Now

Save four things before a page changes or an account closes: the original job posting, the text of any AI-use or automated-decision notice you were shown, the rejection itself with its timestamp, and any score, report or summary the employer or its vendor showed you. Screenshots work; forwarding the emails to an account you control works better, because a screenshot can be disputed and a timestamped email is harder to.

Do this even if you're still unsure whether you'll file anything. Postings get edited, notices stop rendering after an application closes, and a vendor's own explainability page changes without an archive of what it said the week you actually applied. None of these four items require anyone's permission to save; they are already yours to keep, and keeping them costs nothing.

What an employer is expected to have ready if an inquiry like yours actually lands is worth reading directly: what an assessment vendor has to produce for a bias audit or EEOC inquiry names the documents an investigator will actually ask for, which tells you what is worth preserving on your own side before the trail goes cold.

Should You Also Call a Lawyer?

Maybe, and the honest expectation to set first is that most suspicions do not become anything: a single rejection, even one that genuinely felt wrong at the time, rarely has enough behind it on its own for a lawyer to take on contingency. What changes that calculation is a pattern, either yours across multiple similar rejections at the same employer over time or one a lawyer already sees independently across other candidates who reached out first.

If the tool that screened you posted a bias audit, what that document actually tells a candidate is worth reading before you decide how much weight to put on it either way, since a clean-looking ratio is not the same thing as a finding about you specifically. A charge or a complaint costs you time either way; spending an hour reading what you actually have before you file it is rarely wasted, and a lawyer you eventually do talk to will ask the same questions this piece just walked through: what deadline you're inside, what you preserved, and whether anyone else has described the same experience.

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Common questions

How long do I have to file a complaint?

Generally 180 days from the rejection for an EEOC charge, extended to 300 days where a state or local agency enforces a law prohibiting discrimination on the same basis; for an age claim, only a state law with a state agency extends it. The clock starts at the date of the decision, not the day you understood why, so check the date on your rejection first.

Is the EEOC's AI hiring guidance still available to read?

No. The EEOC's 2022 ADA and 2023 Title VII technical-assistance documents on AI hiring tools were removed from eeoc.gov in January 2025 and have not returned. The underlying statutes were not repealed; only the AI-specific explainer came down.

What should I save before I do anything else?

The original job posting, any AI-use or automated-decision notice you were shown, the rejection with its timestamp, and any score or report the employer or its vendor showed you. Forward emails to an account you control rather than relying on a screenshot alone.

Can I sue the vendor that built the tool, not just the employer?

That theory is being tested right now in ongoing litigation, which has reached preliminary collective certification on one claim but no finding of liability. It shows the theory is live, not that it succeeds.

Does reporting a NYC notice violation get me damages?

No. Local Law 144's civil penalties are recoverable by the city, not paid to you, and the law preserves rather than creates a separate discrimination claim you might have elsewhere. Filing there addresses a different duty than the discrimination itself.

References

  1. 1. Automated Employment Decision Tools: Frequently Asked Questions NYC Department of Consumer and Worker Protection (DCWP), 2023. nyc.gov Establishes NYC DCWP's role enforcing Local Law 144's audit and notice duties as a city-level door distinct from a discrimination charge.
  2. 2. Int. No. 1894-A (enacted as Local Law 144 of 2021), a Local Law to amend the administrative code of the city of New York, in relation to automated employment decision tools New York City Council (council file Int 1894-2020-A), copy hosted by the New York State Department of Financial Services, 2021. dfs.ny.gov Local Law 144's penalties run to the city, not to the candidate, and the law preserves rather than creates a separate discrimination claim.
  3. 3. Mobley v. Workday, Inc., 3:23-cv-00770 (N.D. Cal.) Civil Rights Litigation Clearinghouse, University of Michigan Law School, 2026. clearinghouse.net The one docketed case testing vendor liability for algorithmic hiring discrimination; preliminary collective certification only, no merits finding.
  4. 4. Time Limits For Filing A Charge U.S. Equal Employment Opportunity Commission, 2026. eeoc.gov States the 180- and 300-day charge-filing deadlines, the same-basis condition and the age-claim exception for the 300-day extension, and that a Title VII charge must be filed with the EEOC before a lawsuit.
  5. 5. Select Issues: Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964 (archived capture, 2025-01-25) U.S. Equal Employment Opportunity Commission, via the Internet Archive Wayback Machine, 2023. web.archive.org Supports the claim that the EEOC's AI technical-assistance guidance was removed from eeoc.gov in January 2025 and has not returned.

5 sources, numbered by first appearance. How Olive sources claims

General guidance, not legal advice. Hiring rules differ by state and country and change often; check anything here against your own counsel before you act on it.

Olive assesses how a person works with AI. It does not detect AI-written documents, and it never produces a score, a ranking, or a match percentage for a person. Candidates read the same report the employer reads.

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