---
title: "Advise an employer on human review of decisions made with an artificial-intelligence tool"
url: "https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/advise-an-employer-on-human-review-of-ai-hr-decisions/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A15-B6-2-US"
practice_area: "Anti-Discrimination & Industrial Relations"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Advise an employer on human review of decisions made with an artificial-intelligence tool

> List each hiring, promotion, pay or firing step that uses a tool, what the tool scores, and whether a person reviews the score before the decision. Write no sentence of the advice.

Canonical page: https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/advise-an-employer-on-human-review-of-ai-hr-decisions/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Anti-Discrimination & Industrial Relations](https://ailawframework.com/practice/anti-discrimination-and-industrial-relations.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List each hiring, promotion, pay or firing step that uses a tool, what the tool scores, and whether a person reviews the score before the decision. Write no sentence of the advice. |
| What the lawyer must review | You write the advice. The EEOC explainer dated 29 April 2024 says the federal employment-discrimination laws apply to artificial intelligence and other new technologies just as they apply to other employment practices. It describes intentional discrimination, including programming a resume screener to reject people based on a protected characteristic, and a seemingly neutral practice that has an unjustifiable disparate impact. Its examples include video-interview software that scores an applicant low because of speech patterns caused by a disability, and monitoring software with facial recognition that is less accurate for darker skin tones. Title VII (42 U.S.C. § 2000e-2(a)) prohibits discrimination in hiring and in terms, conditions or privileges of employment because of race, color, religion, sex or national origin. The ADA (42 U.S.C. § 12112(b)(6)) treats as discrimination the use of selection criteria that screen out an individual or a class of individuals with a disability unless the criteria are job-related and consistent with business necessity. The explainer does not say that a later human review cures a screen that the statute prohibits. You decide what review, if any, changes the legal result. |
| Written for | United States |
| Applies to | [Advise an employer on human review of AI HR decisions](https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/advise-an-employer-on-human-review-of-ai-hr-decisions.md) |

## Checking plan

- What the AI does: List each hiring, promotion, pay or firing step that uses a tool, what the tool scores, and whether a person reviews the score before the decision. Write no sentence of the advice.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The explainer also lists age (40 or older) and genetic information. Open the ADEA and GINA before advising on those characteristics.
- The older EEOC technical-assistance page on adverse impact in employment-selection software returned not found on 22 October 2026. Do not cite it.

## Sources

- [EEOC, What is the EEOC's role in AI? (29 April 2024)](https://www.eeoc.gov/sites/default/files/2024-04/20240429_What%20is%20the%20EEOCs%20role%20in%20AI.pdf) (checked 2026-10-22)
- [42 U.S.C. § 2000e-2, unlawful employment practices (Title VII)](https://www.law.cornell.edu/uscode/text/42/2000e-2) (checked 2026-10-22)
- [42 U.S.C. § 12112, discrimination (Americans with Disabilities Act, Title I)](https://www.law.cornell.edu/uscode/text/42/12112) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*