When a Computer Reads Your Application First: AI Screening and What You Can Ask For

For a growing share of jobs, the first thing that evaluates you is not a person. It is software — scoring your resume, timing your recorded answers, measuring how you play a pattern game. If you have a disability, some of those measurements can measure the wrong thing entirely. Here is what these tools are, what the law still says, and — most practically — what you can ask for.

We have written about online applications and about what interviewers can and cannot ask. This piece covers the layer that now sits in front of both: automated screening. It exists because almost nothing written for job seekers with disabilities covers it, and because the practical options are better than most people assume — if you know they exist and how to ask.

General Guidance, Not Legal Advice

This is a plain-English guide to a fast-moving area — not legal advice about your situation, and not a statement of what any employer must do for you. Whether any specific tool, in any specific hiring process, crosses a legal line is a question for a lawyer or the appropriate enforcement agency. For free, expert, confidential help thinking through what to request, contact the Job Accommodation Network (askjan.org, 800-526-7234). If you believe you have faced discrimination, talk to an attorney about your options and deadlines.

What "AI Screening" Actually Means

The phrase covers several different tools, and they raise different issues, so it helps to know which one you are facing:

  • Resume screeners — software that scores or ranks applications before a person sees them, keying on words, dates, and formats. This is the oldest kind, and the reason our employment-gaps guide matters at the software stage, not just the interview stage.
  • One-way video interviews — you record answers to preset questions, alone, against a timer. Some systems score the recordings automatically; others just collect them. Either way, the format itself — camera, clock, no human to ask for clarification — is the barrier for many people before any algorithm gets involved.
  • Game-based and timed assessments — pattern games, rapid-response exercises, personality quizzes. These measure speed, fine motor control, sustained attention, and reading pace as a side effect of whatever they claim to measure.
  • Chatbot screeners — automated question-and-answer before a recruiter ever appears.

None of these is automatically a problem, and plenty of employers use them without a second thought precisely because they feel neutral. The issue is narrower and sharper: a tool that times everyone equally is not measuring everyone equally. A one-way video scored on vocal fluency measures a stutter. A rapid-click game measures a tremor. A rigid resume parser can measure the gap a medical leave left, rather than anything about your work. When that happens, the tool has stopped assessing the job and started assessing the disability.

The Law Didn't Go Anywhere

You may have read that the federal government took down its guidance on AI in hiring — and that much is true. In early 2025, the Equal Employment Opportunity Commission removed its technical-assistance documents on the subject. Some employers have quietly concluded the issue went away with them.

It did not, and the reason is simple: those documents were explanations, not law. The law is the Americans with Disabilities Act, and the ADA has covered employment tests and selection tools since it was written — decades before anyone called them AI. Two provisions of Title I do the work here, and they are worth reading in their actual words.

The statute prohibits, at 42 U.S.C. § 12112(b)(6):

“using qualification standards, employment tests or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities unless the standard, test or other selection criteria, as used by the covered entity, is shown to be job-related for the position in question and is consistent with business necessity”

And at § 12112(b)(7), it requires employers to select and administer tests so that results

“accurately reflect the skills, aptitude, or whatever other factor of such applicant or employee that such test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills of such employee or applicant (except where such skills are the factors that the test purports to measure)”

Read those slowly, because they were written for exactly this. A screening tool that tends to screen out people with disabilities needs to be job-related and consistent with business necessity — as used, not as advertised. And a test is supposed to measure what it claims to measure, not the disability that got in the way of taking it. Neither sentence says anything about whether the test is run by a person or a program, which is why it never needed an update to cover software. The guidance explained the law; removing the explanation did not remove the law.

A Note on the New York City Law You May Have Heard About

New York City has a local law requiring bias audits and notices for automated hiring tools — and it applies to employers with offices in New York City. If you are applying to Buffalo, Rochester, or other Western New York employers with no NYC presence, that law does not cover your application, and this article deliberately is not built on it. (If you are applying to a company with NYC offices, including for a remote role, it may apply — another reason big-company applications can come with more paperwork attached.) Your protections here rest on the ADA, which applies everywhere.

What You Can Actually Ask For

Here is the practical center of this article. A request for a different way to be assessed is an accommodation request — the same mechanism as any other, made the same way, and covered in depth in our step-by-step guide. It applies to applicants, not just employees. You do not need to name your diagnosis to start the conversation, and you do not need to use legal vocabulary. You need one sentence: “I have a condition that makes this format difficult — is there an alternative?”

Specific, reasonable things people request, matched to the tool:

  • Extra time, or untimed versions of assessments — the most common request, and the one most systems already support because testing accommodations long predate AI.
  • An alternative format — a live phone or video conversation instead of a one-way recording; a written exercise instead of a spoken one, or the reverse; a work sample instead of a pattern game.
  • Human review — asking that a person, not only the software, look at your application or recording.
  • Accessibility fixes — screen-reader-compatible assessments, captions on video instructions, keyboard-only navigation.
  • A different demonstration of the same skill — if the tool claims to measure attention to detail, an untimed proofreading sample measures it too.

Two honest cautions. First, an employer is not required to grant the specific alternative you name — the process is a conversation about what works, and they may offer a different option that solves the same problem. What the request does is start that conversation on the record. Second, requesting an accommodation means disclosing that you have a condition, if not which one, and that timing decision is yours; our guide to disclosure during the job search walks through it. Many people reasonably decide a screening format is worth the disclosure; some decide the employer's process is telling them something and move on. Both are legitimate calls.

How to Make the Request When There's No Human to Ask

The genuinely maddening part of automated screening is that the request itself needs a recipient. Practical routes, in the order worth trying:

  1. Look for the accessibility link. Many assessment platforms have an accommodations or accessibility option inside the invitation email or on the test's landing page. It is often small. Check before the timer starts, not after.
  2. Reply to the invitation email. Even automated invitations usually come from an address someone reads, or list a contact for questions. One sentence: the format, the difficulty, the request.
  3. Contact the company's recruiting or HR address directly — from the careers page if the invitation is a dead end. Name the role and requisition number so it can be matched to your file.
  4. Keep a copy of everything — what you asked, when, and what came back. Calm, dated records are the difference between a story and a paper trail if you ever need one.

And make the request before attempting the assessment where you can. Asking after a failed attempt is harder in every way — practically, and as a matter of how it reads.

If the Answer Is Silence or No

Sometimes the request disappears into the void, and sometimes the answer is no. What then is a judgment call. If the role matters to you, a polite follow-up a few business days later is reasonable; so is looping in a human recruiter if one has appeared anywhere in the process. If you believe you were screened out because of disability — not just inconvenienced — that is a different situation: note the dates, keep your records, and talk to an attorney or the appropriate enforcement agency about your options and deadlines rather than deciding alone what it was. And if you are working with a placement service like ours, tell your employment specialist immediately — advocating inside employer processes is a large part of what we are for.

The Part Worth Keeping

Automated screening is not going away, and most of it is not aimed at you — it is aimed at volume. But a tool that measures the wrong thing is not neutral just because it is software, the law that says so predates the software by decades and did not leave when the guidance did, and the ask-for-an-alternative mechanism is older, sturdier, and more routinely granted than most applicants realize. The employers worth working for answer the one-sentence request well. That, too, is data.

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