---
title: "Audit an employer's AI hiring tool against Title VII and the EEOC's AI explainer"
url: "https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/audit-an-ai-recruitment-tool-for-discrimination-risk/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A15-B6-1-US"
practice_area: "Anti-Discrimination & Industrial Relations"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Audit an employer's AI hiring tool against Title VII and the EEOC's AI explainer

> Index the tool's stated use (screening, interviewing, scoring, monitoring or promotion), the data inputs named in the vendor file, and any validation study in the file. Do not conclude whether the tool is lawful.

Canonical page: https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/audit-an-ai-recruitment-tool-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 | Index the tool's stated use (screening, interviewing, scoring, monitoring or promotion), the data inputs named in the vendor file, and any validation study in the file. Do not conclude whether the tool is lawful. |
| What the lawyer must review | The EEOC's 29 April 2024 explainer says the laws it enforces apply to AI and other technology in employment just as they apply to other employment practices. Those laws cover race, color, religion, sex (including gender, sexual orientation, and pregnancy, childbirth or related medical conditions), national origin, age (40 or older), disability and genetic information. Discrimination can be intentional, such as programming a resume screener to reject people based on a protected characteristic, or a neutral practice with an unjustifiable disparate impact. Title VII's text prohibits classifying applicants in a way that deprives them of employment opportunities because of race, color, religion, sex or national origin (42 U.S.C. § 2000e-2(a)(2)). The ADA separately restricts disability-related selection criteria and medical inquiries (42 U.S.C. § 12112(b)(6) and (d)). You decide the risk and what the employer must change. Formal Opinion 512 requires you to verify tool output. |
| Written for | United States |
| Applies to | [Audit an AI recruitment tool for discrimination risk](https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/audit-an-ai-recruitment-tool-for-discrimination-risk.md) |

## Checking plan

- What the AI does: Index the tool's stated use (screening, interviewing, scoring, monitoring or promotion), the data inputs named in the vendor file, and any validation study in the file. Do not conclude whether the tool is lawful.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The EEOC technical assistance page on adverse impact in software under Title VII returned a not-found page on 22 October 2026. Do not cite it. Use the April 2024 explainer and the statutes.
- State fair-employment statutes and local automated-employment-decision laws are separate. This check did not open them.

## 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](https://www.law.cornell.edu/uscode/text/42/2000e-2) (checked 2026-10-22)
- [42 U.S.C. § 12112, discrimination in employment](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.*