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When AI Makes a Decision About Your Job, This Is the Exact Form You File

What Happens When an Algorithm Decides Your Career?

You applied for a job. Or maybe you were up for a promotion. Perhaps your company used a new software system to decide who gets laid off. Then came the rejection — and something felt off. You never spoke to a human. A machine made the call.

This is not science fiction. Employers across the country are using artificial intelligence to screen resumes, score job interviews, predict employee performance, and even decide who gets fired. And as AI takes on more power in the workplace, workers are starting to ask a very important question: What can I actually do about it?

The answer starts with a form — and knowing exactly when and how to file it.

AI in Hiring and Employment Is Already Here

Before diving into your legal options, it helps to understand just how widespread AI decision-making has become in the workplace.

Companies use AI tools to:

Automatically filter out resumes based on keywords or patterns
Analyze facial expressions and voice tone during video interviews
Score job candidates using predictive algorithms
Rank current employees for layoffs based on performance data
Monitor remote workers and flag productivity issues
Determine shift schedules and assign work tasks

These tools are sold to employers as faster, cheaper, and more objective than human decision-making. But research has shown that AI systems can carry serious bias. They can discriminate based on race, gender, age, disability, and other protected characteristics — sometimes without anyone at the company even realizing it.

That is where employment law steps in.

Your Rights Under Existing Employment Law

Here is something many workers do not know: you already have legal protections against AI discrimination. The laws that have protected workers for decades still apply, even when a computer is making the decision instead of a person.

The main federal laws that cover AI-related workplace discrimination include:

Title VII of the Civil Rights Act of 1964 — prohibits discrimination based on race, color, religion, sex, or national origin
The Age Discrimination in Employment Act (ADEA) — protects workers 40 and older from age-based discrimination
The Americans with Disabilities Act (ADA) — bars discrimination against people with disabilities and requires reasonable accommodations
The Equal Pay Act — requires equal pay for equal work regardless of sex
Title II of the Genetic Information Nondiscrimination Act (GINA) — prohibits the use of genetic information in employment decisions

The Equal Employment Opportunity Commission (EEOC) has made it clear that these laws apply to automated systems and AI tools. If an algorithm produces results that discriminate against a protected group, that can still be illegal — even if no one at the company intended it.

The Form You Need: EEOC Charge of Discrimination

If you believe an AI system played a role in an unfair employment decision against you, the first official step is filing a Charge of Discrimination with the EEOC.

This is a formal document that starts the investigation process. You cannot go straight to federal court for most workplace discrimination claims without filing this charge first. Think of it as the required first step.

The official form is called EEOC Form 5. You can file it in several ways:

Online: Through the EEOC Public Portal at publicportal.eeoc.gov
In person: At your nearest EEOC field office
By mail: Sent directly to the EEOC office that covers your area

The EEOC has offices in cities across the country. You can find the closest one by visiting the EEOC website and using their office locator tool.

What Information Goes on the Form?

When you sit down to fill out the charge, you will need to provide specific information. Being as detailed as possible will help the EEOC understand your situation. Here is what the form typically asks for:

Your full name, address, and contact information
The name and address of the employer you are filing against
The approximate number of employees at that company
The date or dates when the discriminatory act happened
A description of what happened and why you believe it was discriminatory
Which protected characteristic you believe was the basis for the discrimination (race, age, disability, sex, etc.)
Whether the same employer is also subject to a state or local anti-discrimination law

For AI-related complaints, the description section is especially important. You will want to explain clearly that an automated system or algorithm was used in the decision-making process.

How to Document an AI Discrimination Claim

One of the trickiest parts of fighting AI discrimination is proving it happened. Unlike a biased manager whose words or actions can be documented, an algorithm operates in the background. But there are still ways to build your case.

Start gathering and saving the following:

All communications from the employer — emails, rejection letters, automated messages, or any notices about the decision made about you
Job postings — save the original listing you applied to, including any details about the hiring process
Your application materials — keep copies of everything you submitted
Any information about the tools the employer uses — if a recruiter mentioned a specific software or platform, write it down
Statistical information — if you can find data showing that the employer’s AI tool tends to screen out applicants in your protected group, that is valuable evidence
Witness accounts — did a current or former employee tell you the company relies on automated screening? Write down what they said and when
Timeline of events — document every step of your interaction with the employer in order

You do not need to prove everything yourself. The EEOC has investigative authority. Your job is to give them enough to open an investigation.

The Deadline You Cannot Miss

This part is critically important. There is a time limit for filing an EEOC charge, and missing it can mean losing your legal rights entirely.

In most cases, you have 180 days from the date of the discriminatory act to file your charge. However, if your state or local government has its own employment discrimination law — and most states do — that deadline extends to 300 days.

Do not wait to see if the situation resolves itself. Do not wait until you find a new job. File as soon as possible after the event occurs, because the clock starts ticking right away.

What Happens After You File?

Once your charge is submitted, the EEOC process begins. Here is a general picture of what to expect:

Notification: The EEOC notifies the employer that a charge has been filed against them.
Mediation option: Both parties may be offered a chance to resolve the issue through mediation, which is a voluntary and confidential process.
Investigation: If mediation does not happen or does not work, the EEOC investigates. This can include requesting documents, interviewing witnesses, and reviewing evidence.
Determination: The EEOC decides whether there is reasonable cause to believe discrimination occurred.
Conciliation: If the EEOC finds cause, they try to reach a settlement between you and the employer.
Right to Sue: If the process does not result in a resolution, the EEOC will issue a “Right to Sue” letter, which allows you to take your case to federal court.

The entire process can take several months to over a year. Staying patient and organized during this time matters a lot.

State and Local Laws That May Offer Extra Protection

Federal law is not your only option. Many states and cities have passed their own laws that specifically address AI use in hiring and employment — and some of these go further than federal law.

For example:

Illinois passed the Artificial Intelligence Video Interview Act, which requires employers using AI to analyze video interviews to disclose this to candidates and get their consent.
New York City enacted a law requiring employers using automated employment decision tools to conduct bias audits and notify candidates when these tools are being used.
Maryland has also placed restrictions on certain AI-based facial recognition tools used in job interviews.

More states are actively working on similar legislation. Check your state’s department of labor website or speak with a local employment attorney to learn what rules apply where you live.

When Should You Talk to a Lawyer?

You do not need an attorney to file an EEOC charge. The process is designed to be accessible to everyday workers. However, there are situations where getting legal help makes a lot of sense:

If the employer is a large company with significant legal resources
If your case involves complex technical questions about how an AI system works
If you are considering going to court after receiving a Right to Sue letter
If you are unsure which laws apply to your situation
If the employer retaliates against you for filing a complaint

Many employment lawyers offer free initial consultations. Some work on a contingency basis, meaning they only get paid if you win. Organizations like the National Employment Law Project and local legal aid societies may also be able to help if cost is a concern.

What About Retaliation?

It is illegal for an employer to punish you for filing an EEOC charge or reporting discrimination. Retaliation can look like a demotion, a sudden change in your performance reviews, being excluded from meetings, or even being fired.

If any of this happens after you file your charge, document it immediately and report the retaliation to the EEOC as well. Retaliation claims are taken seriously and can strengthen your overall case.

The Bigger Picture: Why These Cases Matter

Filing a charge might feel like a small act against a very large system. But AI discrimination cases are some of the most important legal battles shaping the future of work right now.

When workers speak up, it pushes companies to audit their tools, fix biased systems, and take responsibility. It pushes lawmakers to write better rules. And it helps establish that civil rights in the workplace do not disappear just because a computer is involved.

Your workplace rights exist whether a human or an algorithm is making the call. Knowing which form to file — and when to file it — is the first step in making sure those rights actually mean something.