---
title: "Advise an employer on using AI in hiring, pay, promotion and firing"
url: "https://ailawframework.com/practice/employment-and-workplace-relations/advise-an-employer-on-ai-in-hr-processes/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A14-B6-3-US"
practice_area: "Employment & Workplace Relations (incl. WHS)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Advise an employer on using AI in hiring, pay, promotion and firing

> Summarise the employer's described tool, where it sits in the hiring or employment process, and the employment decisions it influences, for the lawyer to assess.

Canonical page: https://ailawframework.com/practice/employment-and-workplace-relations/advise-an-employer-on-ai-in-hr-processes/united-states  
Last reviewed: 2026-10-22

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Employment & Workplace Relations (incl. WHS)](https://ailawframework.com/practice/employment-and-workplace-relations.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Summarise the employer's described tool, where it sits in the hiring or employment process, and the employment decisions it influences, for the lawyer to assess. |
| What the lawyer must review | The EEOC's 29 April 2024 explainer says the federal employment-discrimination statutes apply to AI in recruiting, screening, hiring, monitoring, pay, promotion and firing, whether the discrimination is intentional or a neutral practice with an unjustifiable disparate impact. You write the advice. You open the statute that matches the protected characteristic in issue, and any state automated-decision law that applies to this employer. Formal Opinion 512: you remain responsible for the advice. |
| Written for | United States |
| Applies to | [Advise an employer on AI in HR processes](https://ailawframework.com/practice/employment-and-workplace-relations/advise-an-employer-on-ai-in-hr-processes.md) |

## Checking plan

- What the AI does: Summarise the employer's described tool, where it sits in the hiring or employment process, and the employment decisions it influences, for the lawyer to assess.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The explainer is not itself a safe-harbour. The charge is still brought under Title VII, the ADA, the ADEA or the Genetic Information Nondiscrimination Act.
- State and city automated-employment laws are separate. Open the one that covers this workplace.

## 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)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (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.*