---
title: "Assess artificial intelligence used in hiring for Title VII and ADA risk"
url: "https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/assess-an-employer-s-use-of-ai-in-hiring-for-discrimination-risk/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A15-B8-1-US"
practice_area: "Anti-Discrimination & Industrial Relations"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Assess artificial intelligence used in hiring for Title VII and ADA risk

> List each hiring step that uses a tool, the trait the tool scores, and the document that describes the job. Write no conclusion on whether the step is lawful.

Canonical page: https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/assess-an-employer-s-use-of-ai-in-hiring-for-discrimination-risk/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 | Yellow: Lawyer and AI draft together |
| How AI is used | List each hiring step that uses a tool, the trait the tool scores, and the document that describes the job. Write no conclusion on whether the step is lawful. |
| What the lawyer must review | You decide the risk. The EEOC explainer of 29 April 2024 says recruiting, screening and hiring can involve artificial intelligence, that the federal discrimination laws apply to that use, and that both intentional discrimination and unjustifiable disparate impact are unlawful. Its examples include a resume screener programmed to reject people because of a protected characteristic, and video-interview software that scores speech patterns affected by a disability. Title VII (42 U.S.C. § 2000e-2(a)(2)) reaches a classification of applicants that deprives or tends to deprive an individual of employment opportunities because of race, color, religion, sex or national origin. ADA section 12112(b)(6) reaches selection criteria that screen out or tend to screen out an individual with a disability, or a class of such individuals, unless the criteria are job-related and consistent with business necessity. Section 12112(b)(7) requires tests to be selected and administered so that, when a disability impairs sensory, manual or speaking skills, the results reflect the skill the test purports to measure. You do not treat a vendor's statement that the tool is fair as the business-necessity showing. |
| Written for | United States |
| Applies to | [Assess an employer's use of AI in hiring for discrimination risk](https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/assess-an-employer-s-use-of-ai-in-hiring-for-discrimination-risk.md) |

## Checking plan

- What the AI does: List each hiring step that uses a tool, the trait the tool scores, and the document that describes the job. Write no conclusion on whether the step is lawful.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The older EEOC technical-assistance page on adverse impact in selection software returned not found on 22 October 2026. Do not cite a four-fifths rule from that page.
- State fair-employment statutes were not opened. This assessment is federal only.

## 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.*