Share on LinkedInShare on LinkedIn

ARTICLE · 01 DECEMBER 2025

Auditing Artificial Intelligence Systems For Bias In Employment Decision-Making

Ogletree, Deakins, Nash, Smoak & Stewart
Explore more from Ogletree, Deakins, Nash, Smoak & Stewart

Employers are increasingly deploying artificial intelligence (AI) across the talent life cycle, from candidate sourcing and ranking, to pre-hire assessments, to onboarding, performance reviews, development, promotions, and retention.

United StatesEmployment and HR

Employers are increasingly deploying artificial intelligence (AI) across the talent life cycle, from candidate sourcing and ranking, to pre-hire assessments, to onboarding, performance reviews, development, promotions, and retention.

While these tools promise efficiency and consistency, they also introduce heightened legal risk if they produce biased outcomes. Many states, localities, and international jurisdictions require proactive AI auditing, transparency, and governance to ensure that AI-enabled employment decisions are fair, compliant, and defensible.

Quick Hits

  • Jurisdictions such as California, New York City, Colorado, Illinois, and the European Union (EU) variously require (or plan to require) and encourage bias testing, notices, transparency, and, in some cases, public summaries. AI involvement can create substantial legal risk, even when humans make the final decisions; AI-influenced scores, rankings, or screens can still be treated by regulatory

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from