Understanding Your Digital Rights During the Job Hiring Process

Sophia Patel
Published May 31, 2025


When applying for jobs, many companies use computer programs to help with the hiring process. These programs can sort through applications, review resumes, and even conduct interviews. 

However, sometimes these tools might not be fair to everyone. They could, unintentionally or not, favor or discriminate against people based on things like race, gender, or whether a person has a disability. 

For example, one program thought candidates named Jared who played high school lacrosse would be better employees. Another program was less favorable to resumes from women's colleges or involving women's sports. 

There are also tools that try to guess if someone has the right personality for the job, like being optimistic or outgoing, but these traits are hard to measure and not always necessary. Even more, some programs analyze how people look or speak in interviews, which could unfairly hurt some applicants.
 

Signs You're Dealing With a Computer Decision in Hiring


You might be dealing with automated hiring tools if you:
  • Have to record video or voice answers for an interview instead of speaking with a person.
  • Interact with a chatbot during the application process.
  • Receive a very quick rejection of your application.
  • Are asked to complete a survey, test, or even play a game on a device that doesn't seem directly related to the job.
  • Encounter difficulty when requesting accommodations for a disability through the hiring platform.
  • You are sent to a different company's website to apply for the job.
 

Your Rights in the Digital Hiring Process


Even if a company uses automated tools, laws that prevent job discrimination are still in effect. This means you should not be turned down for a job based on your sex, race, disability, or other protected characteristics. 

Some states have even passed laws giving you more control over your personal information that companies use when you apply for jobs online. Plus, efforts are ongoing to make these rights even stronger.

If you have a disability, companies must make their application processes accessible to you. This includes letting you request reasonable adjustments to ensure you have the same opportunity as everyone else, even in digital interviews or tests.
 

What to Do If You Have a Disability

 
  • You're not required to tell an employer about your disability when you apply online.
  • Employers can't ask if you have a disability until after they offer you a job.
  • You have the right to ask for changes or support to help you apply for or do a job.

Must Read: Navigating Workplace Discrimination: Your Rights and Legal Recourse

Remember, these rules apply whether you're applying in person or online. Always know that you have rights designed to protect you from unfair treatment based on the use of technology in hiring.

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