Parter Gary Phelan Interviewed by News 12 on AI Discrimination in Hiring

Partner Gary Phelan was interviewed by News 12 Connecticut this week about the growing problem of artificial intelligence discrimination in hiring.

Phelan, who has practiced employment law for more than 35 years, discussed research showing how widespread AI screening has become in the hiring process and how it may be discriminating against qualified candidates based on age and gender without employers even knowing.

According to research Phelan cited in his recent op-ed in Hearst Connecticut newspapers, 99% of Fortune 500 companies use AI tools to screen, filter, and rank job applicants. Even more concerning, 75% of companies use AI to reject candidates automatically without a human ever seeing the application.

"Many qualified candidates are likely being screened out because of their age, because of their gender," Phelan told News 12. "You know, if I were an employer using this, I'd be pretty upset to find out that was happening."

Applicant tracking systems powered by AI have been labeled as "digital gatekeepers" in several recent discrimination lawsuits. These systems filter resumes and applications based on algorithms that may contain hidden biases against protected characteristics like age, gender, race, or disability. One of the largest pending cases involves Workday, one of the world's largest human resources technology platforms, which faces allegations of age discrimination against applicants over 40.

Five states have already passed legislation regulating the use of AI in employment decisions, and more than 40 others—including Connecticut—are considering similar measures. As the legal landscape evolves, employers using AI hiring tools should audit them for potential bias and ensure human oversight of hiring decisions.

Individuals who believe they were affected by the Workday case after September 24, 2020, have until March 7, 2026, to submit paperwork to join the lawsuit.