An employer decision made with AI

An employer rejected your application, rated you badly, set your schedule or ended your work, and you suspect a program or an algorithm played a part. Here are 5 steps. You can take them at your own pace.

This is a template of the guide. The practical tips are general. Everything about legal provisions and deadlines is marked and waiting for a lawyer.

Step 1 of 5

Write down what happened

Do this while you still remember the details. Fill in what you know and leave the rest empty. None of this leaves your browser.

Day, month, year
If there is one, you will find it in the message from the employer or in the recruitment system
Next: Gather documents

Step 2 of 5

Gather your documents

Gather in one place, on paper or in one folder on your phone:

  • the job advert or the description of the position;
  • your application, your CV and the confirmation that you sent them;
  • the whole message with the refusal, review, schedule or notice of dismissal;
  • tests, questionnaires and recordings you completed or made. Note which ones they were;
  • your contract, the work rules and other letters from the employer;
  • emails and messages in apps, including those from the HR department;
  • screenshots of the panel, app or system that show results, ratings or a schedule.

Make copies. Keep the originals for yourself. Collect only what you received or what you normally have access to.

Next: Check deadlines

Step 3 of 5

Check the deadlines

Check whether the letters you received say what you can do and how soon. Note every date in your calendar. This step matters, because being late can close the way to appeal. Do not wait for our reply.

[to be completed by a lawyer] What deadlines apply in cases with an employer (for example to appeal a dismissal or to report discrimination in recruitment) and from when they run. This information needs legal verification, so we do not state it here.
[to be completed by a lawyer] Whom, besides the employer, you can report the case to and how. Needs legal verification.
Next: Ask the employer

Step 4 of 5

Ask the employer about the role of the system

You can ask the employer whether it used an automated system and what that system did. Below is a ready draft of the letter. It fills itself in from what you typed in step 1.

Dear Sir or Madam, I am writing about the decision of [date of the decision], application or case number: [case number]. Please answer the following questions: 1. Was an automated system or artificial intelligence used in this decision (e.g. to pre-select applications, assess a recording, score, or set a schedule)? If so, what is it called and who supplied it? 2. What exactly did this system do, and what did a person do? 3. Was the decision made by a person who could have changed it? Who was it (position)? 4. What data about me was taken into account? 5. Can I ask for the case to be reviewed again by a person, and whom should I contact? 6. Please give written reasons for the decision and state its legal basis: [to be completed by a lawyer]. Please reply in writing. Yours faithfully

Step 5 of 5

Write to us

The foundation studies how AI systems treat people. Your story can help us understand the problem, even if today we cannot take on your case.

Your mail program will open with the draft. You will see it before it is sent. You can change or delete it.

Need help? Contact

The help desk is only planned. Until it launches, please contact us at the email address below.

Email:
fundacja@miara.org.pl

Tell us in your own words what happened. You do not need to know the law. Do not send all your documents at once; a description of the case is enough.

Response time and scope of help We reply as soon as we can, but we do not yet promise a response time or a scope of help. We will set them before the help desk launches.

Your rights

  • [to be completed by a lawyer] Whether and on what basis you have the right to learn that the decision was made automatically.
  • [to be completed by a lawyer] Whether and on what basis you can demand an explanation of how the system reached its result.
  • [to be completed by a lawyer] Whether and on what basis you can demand that a human review the case.
  • [to be completed by a lawyer] Which labour law provisions protect against unequal treatment in recruitment, review and dismissal, and how to use them.
  • [to be completed by a lawyer] Whether employees or their representatives have the right to know which AI systems the company uses in decisions about people.

We do not quote legal provisions until a lawyer has checked them. Marker: [to be completed by a lawyer].