HS&S Partner Gary Phelan Writes Op-Ed on Discriminatory AI Hiring Practices
02/12/2026Hurwitz Sagarin & Slossberg Partner, Gary Phelan, published an op-ed this week in Hearst newspapers across Connecticut examining the growing legal risks of AI-powered hiring tools and their likelihood to discriminate against job applicants based on age, race, gender, and disability.
“Has AI Fueled Racist, Sexist, and Ageist Corporate Hiring Practices?” examines two recent lawsuits that have brought algorithmic hiring bias into the national spotlight. Namely, the federal class action against Workday alleging its AI screening software systematically discriminated against applicants over the age of 40.
“We have entered a dangerous era where Applicant Tracking Systems act as digital gatekeepers, hidden biases that may silently purge candidates based on age, race, gender or disability before a human ever sees their name,” writes Gary.
The piece explores the legal exposure employers face when using third-party AI hiring platforms, including liability under EEOC, Connecticut’s Fair Employment Practices Act (CFEPA), the Fair Credit Reporting Act (FCRA), and Connecticut’s Unfair Trade Practices Act (CUTPA). Gary also outlines steps employers can take to reduce algorithmic discrimination risk and calls on the Connecticut legislature to advance AI governance legislation.
Gary Phelan is a partner at Hurwitz Sagarin & Slossberg specializing in employment litigation. He is co-author of Disability Discrimination in the Workplace and teaches Negotiation and Disability Law at Quinnipiac University School of Law. Gary represents both employers and employees in complex employment matters throughout Connecticut.
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