Steps To Take if You Think an Employer Used AI to Decide Whether to Fire or Not Hire You in California

So, you applied for a job in California and never got an answer. Or maybe you were fired, or passed over for a promotion you were sure you deserved. At some point, you may start to wonder, “Did a human actually make that decision, or was it something that an AI tool decided?” These days, many companies allow artificial intelligence (AI) and automated tools to make such decisions. These systems sort through resumes, watch your video interviews, give you a score, and sometimes even decide who stays or who leaves. However, under California law, employers can be held liable if an AI tool produces discriminatory results. 

If you think a computer, not a person, played a role in you getting fired or not getting hired or promoted, here is what you can do.

• Ask if an Automated System Was Used

You’re allowed to know if an employer used an AI tool to make an employment-related decision. For example, did they use a resume software or some algorithm that tracks how much work employees do? California’s Fair Employment and Housing Act (FEHA) prohibits employers from using automated decision systems in ways that produce discriminatory outcomes. Recent CRD regulations also require employers to maintain records of these systems and the data they use for at least four years.

• Gather and Save Everything

Write down your memories of what happened. Save all the emails, screenshots, job ads, and any performance ratings you got. If, for example, you were fired based on a “productivity score” or a ranking system, request a written explanation of how that score was calculated and what data was used.

• Watch for Strange Timing or Patterns

Did things go south right after you asked for disability accommodation, did you report to the employer that you were pregnant, or report harassment? Did the algorithm seem to punish you for something that had nothing to do with your work, like a gap in your resume, your manner of speaking, or moving a little slower because of a health issue? These weird patterns can be signs of discrimination based on race, age, gender, disability, or where you’re from.

• File a Complaint

You can file a discrimination complaint with the Civil Rights Department (CRD). The CRD has the power to investigate employers who use biased AI tools. You may also ask an employment lawyer to help you prepare or file the complaint, so you do not have to navigate the process alone. In many cases, you must obtain a Right-to-Sue notice from the CRD before you can sue your employer in court.

• Talk to a Lawyer Who Understands How AI Works

A growing number of lawyers now handle cases in which an algorithm, not an employer, caused harm to an employee. Under FEHA, companies can’t avoid responsibility just because they hired a tech company to do the job. If the system discriminates, the burden’s still on the employer. 

A growing number of employment lawyers now handle cases involving algorithmic decision-making. Under FEHA, companies can’t avoid responsibility just because they hired a tech vendor to build the tool. If the system discriminates, the employer is still on the hook. A good employment lawyer can make sure the employer hands over the records you need to prove it.

The bottom line is that you are not powerless. California law does not allow employers to blame the computer for treating you unfairly. If an algorithm costs you a job, a promotion, or your paycheck, you can fight back and hold your employer accountable.