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AI in hiring: Legal risks for New York employers and workers

On Behalf of | Aug 27, 2026 | Employment Law

Artificial intelligence now shapes how companies find, screen and select their candidates. Resume-scanning software, algorithmic assessments and predictive scoring tools promise efficiency. However, they also carry significant legal exposure for both employers and workers throughout New York.

Current law on AI hiring in New York

New York City’s Local Law 144 already requires bias audits, public notice and advance disclosure for automated hiring tools. Employers outside the city, such as those operating in Buffalo, are only subject to Local Law 144 if the position is based in New York City or if the candidate or employee resides there.

Violations still carry real costs for NYC-based roles. Fines start at $500 for a first violation and climb to $500 to $1,500 for each day after that.

The New York State Human Rights Law also applies statewide. It bars discrimination based on race, sex, age and disability in places like jobs, housing and stores.

As of late 2025, this law also covers biased results from AI technologies, even if the bias was unintentional. Impacted employees can sue and recover back pay, damages and attorney’s fees, and claims can escalate into class actions if the pattern hits many candidates.

Practical steps for employers

Employers can act now before further statutes take hold. They should confirm that their software has passed independent bias testing. Hiring teams should maintain human oversight over every automated recommendation. Written policies should explain exactly how and when AI enters each decision.

Practical steps for workers

Workers deserve equal attention here. Anyone who suspects an algorithm rejected them unfairly, based on protected status, can bring a claim under existing state and federal civil rights laws, including Title VII and the Americans with Disabilities Act. Noting which tools appeared during the process, saving rejection messages and tracking patterns that look like unequal treatment can help strengthen a valid legal claim.

Importance of legal guidance for all parties is crucial

Artificial intelligence will likely continue shaping recruitment across the state and around the globe. Fair and auditable hiring systems can protect employers from costly claims. Clear knowledge of legal rights can safeguard workers against silent and unchecked bias. Close attention to all these legal requirements will ultimately reduce disputes and support a fair hiring process for both all involved.

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