Morrow
← All articles

AI hiring

Think an AI Screened You Out of a Job? What a Court Asked For

A court dismissed an applicant's AI hiring bias suit on Sept. 30, 2026. What it said was missing, the deadlines that apply, and the records to keep.

Ahmed Elgazar7 min read

You can, but a long run of rejections won't carry the claim on its own. A court wants to know which tool or practice did it, how it treated you differently from similar applicants, and whether anyone besides you was affected. For most private employers, the first step is a charge with the EEOC or your state agency, usually within 180 or 300 days.

This is general information, not legal advice.

What just happened in court?

On September 30, 2026, a federal judge in Michigan dismissed a job applicant's class action against Sirius XM. The applicant said the company's AI screening tools rejected him because he is Black. The judge didn't decide whether that was true. He ruled that the complaint never laid out facts that made it plausible, and his reasons show fairly exactly what an applicant would need to bring.

Harper v. Sirius XM: one applicant, about 150 applications

PUBLIC CASE

This is a public case, not one of our engagements.

Arshon Harper's complaint says he applied for about 150 roles at Sirius XM between November 2023 and November 2024, including IT Desktop Support, Software Engineer and Technical Support Specialist. He alleged that all but one were rejected before the interview stage. The one interview, 30 minutes for an IT Desktop Support role, also ended in a no.

His complaint said Sirius XM used tools from the vendor iCIMS, including its applicant tracking system and AI matching and shortlisting features, and that those tools used data points such as schools, work history and zip codes as proxies for race. It pointed to his own "99.3% rejection rate (149/150 applications)" as the evidence.

During the interview process, a Sirius XM employee asked about his use of several email addresses. He said he did it to avoid "suspected algorithmic penalties for repeat applications." The court noted: "Notably, Plaintiff does not allege that any of the email addresses he used to apply correspond with changes to his demographic information." So the extra addresses didn't test anything about race.

He filed an EEOC charge on November 22, 2024, got a right-to-sue letter on May 6, 2025, and sued on August 4, 2025. Sirius XM's position, stated during the EEOC process, is that it does not use AI in hiring. The court set its EEOC position statement aside and judged the complaint on its own terms.

The court then went through both legal theories. On intent, it said "Plaintiff does not indicate any comparator class" of similar applicants who were treated better. On disparate impact, the theory that a neutral tool hurts a group, it said:

"Even assuming that Defendant uses AI/ML in the hiring process, Plaintiff has not pleaded factual allegations sufficient to explain how AI/ML could have been used to discriminate against him on the basis of race."

And: "Plaintiff pleads disparate impact without showing that any disparity exists." It also said "No facts are included regarding any other applicants or employees that might suggest a disparate impact." On the argument that the company could collect demographic data, the court wrote that "data collection is not the same thing as data discrimination."

The complaint was dismissed without prejudice, and the court didn't reach the class claims. It is a ruling on what the complaint said. It doesn't find that the hiring was fair, and it doesn't say AI screening is legal.

Why this matters if you're job hunting: 150 rejections can feel like proof, but a court treats them as one person's experience. A claim moves forward on a named practice, a comparison and a pattern, and the starting point for all three is records you keep at the time.

What does a court need to see?

Here is what the order said was missing, set against what an applicant can actually collect.

What the court looked forWhat was missing in HarperWhat you can keep
A specific practiceA link between the tool and his rejectionsThe posting, the job ID, the site you applied on, any notice that AI or automated tools are used
A comparisonSimilar applicants outside his group who got furtherNames or counts of people you know applied, if they'll share
A pattern beyond youOther applicants or statisticsPublic data, news of other complaints, an employer's posted bias audit
A causal linkHow the tool affected the decisionExact dates, what you submitted, when and how each rejection arrived

One applicant rarely has comparison data or statistics, and the ruling doesn't pretend otherwise. The last column is the part you control.

How long do you have to act?

The EEOC says: "In general, you need to file a charge within 180 calendar days from the day the discrimination took place." It adds: "The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis."

The charge usually comes first. Per the EEOC, "The laws enforced by EEOC, except for the Equal Pay Act, require you to file a charge before you can file a lawsuit for unlawful discrimination." You start through the EEOC Public Portal or by calling 1-800-669-4000. Federal job applicants have a separate process and generally must contact an agency EEO counselor within 45 days.

The deadline usually applies to each decision separately, so a rejection from last spring may already be out of time while last month's is not.

Do any laws make employers tell you about AI screening?

A few do, and where they apply, they give you something concrete to check.

  • New York City: Local Law 144 "prohibits employers and employment agencies from using an automated employment decision tool unless the tool has been subject to a bias audit within one year of the use of the tool, information about the bias audit is publicly available, and certain notices have been provided to employees or job candidates." The city's consumer and worker protection agency (DCWP) says the notice must come 10 business days before the tool is used, and you can file a complaint with it without making an account.
  • Illinois: since January 1, 2026, the Illinois Human Rights Act makes it a civil rights violation for an employer to use AI in hiring that has the effect of discriminating, or "to use zip codes as a proxy for protected classes under this Article." It also requires employers to give notice when they use AI this way. Zip codes are one of the proxies the Harper complaint named.

Outside places like these, there is often no rule that forces an employer to say whether software sorted your application.

What should you do if you suspect it?

  1. Write down the facts while they're fresh: date applied, job ID, link, the site, the email address you used, when the rejection came.
  2. Save what you sent. A screenshot or copy of the submitted form beats your memory a year later.
  3. Apply under one identity. In Harper, the extra email addresses were noticed and proved nothing.
  4. Look for the employer's notice or audit. In New York City, the bias audit summary has to be public.
  5. Watch the 180 or 300 day clock. If you think you have a claim, contact the EEOC or your state agency early.
  6. Talk to an employment lawyer before you file anything yourself.

For more on the other big AI hiring case, Mobley v. Workday, see Is It Safe to Use AI to Apply for Jobs in 2026?.

Keep the record as you go

Most people can't say what they submitted to a company six months ago, or when. A free tracker like Job Log keeps the dates and statuses in your browser. Morrow fills applications from answers you give once, and every submission comes back with a receipt that includes a snapshot of the sent form. Your first week is $0, up to 10 real applications. Cancel any time. See Morrow's pricing.

Sources

  1. Harper v. Sirius XM Radio, LLC, No. 2:25-cv-12403 (E.D. Mich.), Order Granting Defendant's Motion for Judgment on the Pleadings, ECF No. 19, September 30, 2026: https://cases.justia.com/federal/district-courts/michigan/miedce/2:2025cv12403/387495/19/0.pdf
  2. U.S. EEOC, "Time Limits For Filing A Charge": https://www.eeoc.gov/time-limits-filing-charge
  3. U.S. EEOC, "How to File a Charge of Employment Discrimination": https://www.eeoc.gov/how-file-charge-employment-discrimination
  4. NYC Department of Consumer and Worker Protection, "Automated Employment Decision Tools (AEDT)": https://www.nyc.gov/site/dca/about/automated-employment-decision-tools.page
  5. Illinois Public Act 103-0804 (HB 3773), amending 775 ILCS 5/2-101 and 5/2-102, effective January 1, 2026: https://www.ilga.gov/Legislation/publicacts/view/103-0804
  6. Job Log by Morrow (data stays in your browser): https://morrowhq.app/tools/job-application-tracker
  7. Morrow home page (answer once; receipt and snapshot for every submission): https://morrowhq.app
  8. Morrow pricing (first week offer): https://morrowhq.app/pricing

Want a tool that asks first? See pricing →

job application next steps

What to Write in the Next Step Column: 8 Examples

Write one action and one date in the Next step column. Eight filled-in examples, one per situation, with the date arithmetic shown.

Maximilian Simkins · 3 min read

how to track job applications

How to Track Job Applications: A 10-Application Example

Track job applications with seven columns and six statuses. A filled-in list of 10 applications shows the counts, reply rate and who to follow up.

Ahmed Elgazar · 3 min read

AI Screened You Out of a Job? What a Court Asked For · Morrow