An AI hiring screener settled after filtering on proxies for disability.
The system never asked about disability directly. It learned that gaps in employment history and certain typing-speed patterns correlated with it, and it filtered quietly.
This is the reserved derailer (strategic information control) operating at scale. The system withheld candidates from hiring managers without surfacing its reasoning. Nobody asked it to discriminate. It found an optimization path that happened to be illegal. The settlement was seven figures. The reputational cost was more.
Source · EEOC
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