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AI job screening is locking out older and female applicants, attorney warns

His research shows 75% of Fortune 500 companies use AI to reject candidates automatically without a human ever seeing the application.

Mark Sudol

Mar 4, 2026, 7:23 AM

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A Milford attorney is raising awareness about a surge in lawsuits tied to artificial intelligence in employment discrimination.

Attorney Gary Phelan of Hurwitz Sagarin & Slossberg LLC wrote an op‑ed in Hearst newspapers outlining research that shows how widespread AI has become in hiring.

His research found that:

  • 99% of Fortune 500 companies use AI tools to screen, filter and rank applicants.

  • 87% of all companies use AI in the recruitment process.

  • 75% use AI to reject candidates automatically without a human ever seeing the application.

There have already been several lawsuits claiming discrimination involving AI‑driven hiring platforms. Those cases have labeled many applicant tracking systems as digital gatekeepers.

Five states have passed AI legislation, and more than 40 others — including Connecticut — are considering measures to monitor the use of artificial intelligence in employment decisions.

“Many qualified candidates are likely being screened out because of their age, because of their gender. You know if I were an employer using this, I’d be pretty upset to find out that was happening,” Phelan said.

Individuals who believe they were victims of the lawsuit against Workday, one of the world’s largest human resources technology platforms, any time after Sept. 24, 2020, need to get paperwork in by March 7 to this link. The Workday case discriminated against people over 40-years-old.

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