You never spoke to a manager, never got a call and never even had the chance to explain yourself. What you got instead was a rejection, a silence or a sudden termination with no explanation at all. Now you are left wondering whether a human even saw your résumé or made the final call.
If any of that sounds familiar, you are not imagining it. Employers are turning to artificial intelligence to make decisions about who a company should hire or fire. And while using AI itself is not illegal, using it to quietly sideline people based on protected traits absolutely is, and that is exactly where the law still applies.
AI already shapes the hiring and firing process
Employers now rely on AI to scan resumes, sort applications and even analyze your facial expressions or vocal tone during a video interview, all without telling you that a machine, not a person, is doing the screening.
Researchers behind a 2023 study showed how easily bias creeps in when developers train these systems on flawed or limited data. That means candidates who don’t fit a certain pattern — whether because of race, gender, age or disability — may never even get through the door, no matter how qualified they are.
So, while companies may claim AI brings efficiency and objectivity, the reality is that it often mirrors the same discriminatory patterns that already exist in the workplace.
The law doesn’t fully keep up with the tech
The law still protects you when an employer makes decisions about hiring or firing, regardless of whether a human or an algorithm delivers the result. But as the American Bar Association notes, lawmakers didn’t design the laws with AI in mind, which leaves dangerous gaps in enforcement and accountability.
Even if a company blames the algorithm, it’s still responsible for the outcome because employers choose which tools to use and how to apply them. And if those tools consistently produce biased results, that’s not a tech failure. That’s a civil rights violation.
What you can do if AI cost you a fair shot
If something felt off — maybe the process moved too quickly or you got eliminated without explanation — start documenting everything: the job posting, your application, the messages you received and any unusual steps in the process.
You don’t need to understand how the algorithm works or prove it’s discriminatory on a technical level. You only need to show that the result treated you differently because of a protected trait like your race, age or gender.
You can file a complaint through the New Jersey Division on Civil Rights or work with someone who knows how to challenge discrimination, even when it hides behind a computer screen.
Where does that leave you?
If you get passed over or pushed out and the whole thing feels off, don’t let a company convince you it’s just how things work now. When employers use technology to quietly discriminate, that’s not innovation — that’s evasion.
You still have rights under the law, and if AI played a role in a decision that cost you a job or your livelihood, you have every right to push back, ask questions and make sure someone actually answers.
