Checklist · Anti-Discrimination & Industrial Relations
AI recruitment and HR tool discrimination-risk audit checklist
Audit checklist for AI screening, ranking, assessment and video-interview tools: maps inputs and outputs to protected attributes, tests for indirect discrimination, checks reasonable adjustments, privacy, human review and vendor terms.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- Australia, European Union, United States
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 17 October 2026
- Status
- Maintained. Checked on 17 October 2026 against the 8 authorities it cites, for Australia, European Union and United States.
- Version
- 1
- Source
- Written for this library
When to use it
Use before a client buys, deploys or renews an AI tool used in recruitment, promotion, rostering or performance decisions, and when a complaint suggests the tool has a discriminatory effect. It does not replace statistical testing by a qualified analyst.
How AI may be used
AI can help inventory the tool's inputs and outputs and draft vendor questions, but the audit needs human statistical and legal review, and must not rely on the vendor's own AI self-assessment.
AI may
- Summarise the vendor's documentation into the inventory in Part A.
- Draft the vendor questionnaire and contract issues list in Part G.
- Tabulate de-identified selection data supplied by the client for the analyst.
AI must not
- Must not infer candidates' protected attributes (for example, race, disability or age) from names, photos, voices or CVs.
- Must not be given identifiable candidate data in a tool not approved for that data.
- Must not conclude that the tool is lawful or non-discriminatory.
The lawyer checks
- A qualified person has done the adverse-impact testing and the lawyer has assessed reasonableness.
- A non-AI alternative assessment and reasonable adjustments are available to candidates.
- A person with authority reviews AI outputs before any decision.
- Candidate notices and the privacy policy describe the tool accurately.
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
More in Anti-Discrimination & Industrial Relations
- Respondent's response to an Australian Human Rights Commission complaint
- Positive duty prevention plan (sexual harassment and sex discrimination)
- Notice of Employee Representational Rights (NERR): issue and service guide
- General protections (dismissal) claim assessment memo
- Fair Work Commission generative AI disclosure and checking checklist (from 20 October 2026)
All precedents for Anti-Discrimination & Industrial Relations · Tasks and AI use in this area