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Yes. An employer may use AI to monitor or score work, recommend a termination, select workers for a layoff, or make a decision about who is let go. But using AI does not remove the employment laws that apply to the employer’s decision. Whether a particular firing was unlawful depends on the facts, the tool’s role, the worker’s location, and the laws in force when the decision happened.
This is a U.S.-focused overview, not an individual legal determination or a survey of every state and city. Rules are changing, so anyone facing a termination should check the law and deadlines that apply to their location and situation.
What does it mean for AI to be involved in a firing?
AI can play different roles in an employment decision. It might monitor or score an employee’s work, recommend that someone be terminated, rank employees being considered for a layoff, or make the selection itself. The U.S. Equal Employment Opportunity Commission (EEOC) expressly recognizes that AI may influence or decide “who will be let go” in its Employment Discrimination and AI for Workers resource, published April 29, 2024. That confirms such use is within the agency’s stated scope; it does not establish how often employers use AI this way.
The tool’s role matters when assessing a particular case. A score or recommendation is not necessarily the same as an automated final decision, and the relevant law may depend on how the tool was designed, what information it used, how the employer applied its output, and who made the final call. The fact that a system was involved does not by itself establish that a termination was illegal.
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Does AI change the rules against employment discrimination?
No. Federal employment discrimination laws still apply when an employer uses AI. The EEOC identifies protections involving race, color, religion, sex—including gender, sexual orientation, and pregnancy—national origin, age 40 or older, disability, and genetic information.
An inaccurate or unfair algorithmic result is not automatically proof of a legal violation. The evidence and the law applicable to the decision matter. Nor does the involvement of an AI vendor, or the employer’s reliance on a system’s output, by itself resolve who may be responsible in a specific case. The EEOC states that it enforces federal laws prohibiting employment discrimination; a particular claim requires a case-specific assessment.
What if an AI measurement disadvantages a worker with a disability?
A workplace tool can measure employees in a way that disadvantages a worker with a disability, even when that person can perform the job with or without a reasonable accommodation. The EEOC’s guidance on visual disabilities gives the example of a productivity algorithm that measures keystrokes per minute and rates a blind employee poorly because the employee uses voice-recognition software.
In circumstances where an accommodation is required, the employer should consider an accurate alternative way to measure the worker’s ability, such as assessing productivity through the employee’s use of voice recognition. The EEOC guidance does not guarantee that any particular accommodation will be required in every situation; the circumstances, effectiveness, and applicable accommodation rules matter.
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Are there special AI employment rules in New York City?
New York City Local Law 144 applies to certain automated employment decision tools (AEDTs) that substantially assist or replace discretionary employment decision-making. For a covered use, the city requires a bias audit before the tool is used, public audit information, and required notices. The rule is local, not a nationwide audit mandate, and it should not be assumed to cover every system used in a termination.
The New York City Department of Consumer and Worker Protection’s FAQ says the audit law itself does not dictate what an employer must do based on audit results. Other anti-discrimination laws may still apply. The city describes covered employment decisions broadly, including screening at points in hiring or promotion; whether a particular termination tool is covered depends on the law and the tool’s use.
Workers who believe a covered AEDT was used without a required audit, audit summary, or notice can use the complaint route described by NYC311. The city’s complaint information asks for details such as the suspected violation date, an explanation, the job posting or position, the tool’s name or type if known, and any notice received.
What is changing in Colorado?
Colorado’s rules have an important upcoming change. As of October 7, 2026, the Colorado Attorney General’s information says Senate Bill 26-189, signed in May 2026, repeals and reenacts the state’s automated decision-making provisions with new requirements. The law is scheduled to take effect on January 1, 2027, and rulemaking was still underway as of that date.
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Because the new provisions are not yet in effect and implementing rules are still being developed, do not assume that a summary of Colorado’s earlier requirements or proposed rules describes the obligations that will apply to a particular decision. Check the current law and final rules for the decision date in question.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What does the federal government currently say about disparate impact?
Federal guidance on disparate impact is a volatile area. On June 9, 2026, the Justice Department’s Office of Legal Counsel (OLC) issued an opinion arguing that the EEOC’s Title VII disparate-impact guidelines are unconstitutional and describing a narrower liability framework. The Justice Department’s accompanying press release summarized the administration’s position.
That is an OLC opinion and executive-branch position, not a court judgment or a definitive resolution of how every court will apply Title VII. It does not establish that AI-related discrimination is categorically lawful, and it does not remove other statutory protections. Check for subsequent court or agency developments before relying on this federal position.
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What can you do if you think AI affected your termination?
- Keep relevant records. Save the termination notice, the employer’s stated reasons, performance records, applicable policies, communications, and any notice saying an automated system was used. This is prudent documentation, not a claim that every item is legally required.
- Ask what role the system played. You can ask the employer what system or criteria affected the decision and whether a person reviewed its output. The sources described here do not establish a general nationwide right to receive the system, its source code, or a complete explanation of its decision.
- Consider an accommodation request if a disability-related measure may be inaccurate. If the tool’s assessment may not account for how you perform the work, consider asking for a reasonable accommodation or an alternative assessment method. Whether a particular accommodation is required depends on the circumstances.
- Contact the EEOC if you believe discrimination was involved. The agency provides a Public Portal and phone contact options for workers. Filing deadlines and the correct administrative path vary by claim and location, so verify them promptly rather than waiting.
- Use the relevant local route when applicable. For a suspected New York City AEDT audit or notice violation, consult the complaint information provided by NYC311.
- Seek individual advice where the stakes are high. An employment lawyer or worker-rights organization can assess the facts and applicable law, particularly when state or local rules or recent federal developments may affect the case.
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