A complaint filed this week alleges that financial software firm Intuit and hiring tech vendor HireVue used artificial intelligence tools that discriminate against Deaf and non-white applicants, violating U.S. and Colorado anti-discrimination laws.
The American Civil Liberties Union, Public Justice, Eisenberg & Baum LLP, and ACLU of Colorado submitted the complaint to the Colorado Civil Rights Division and the U.S. Equal Employment Opportunity Commission on behalf of a Deaf, Indigenous woman identified as D.K. The filing claims the companies’ use of HireVue’s automated video interview platform unfairly disadvantaged her during a 2024 promotion process.
D.K., who has worked in seasonal roles at Intuit since 2019, applied for a manager position after encouragement from her supervisor. As part of the application process, she was required to use HireVue’s AI-powered system, which relies on speech recognition technology to assess candidates. The complaint argues that such systems are less accurate when evaluating individuals with non-standard speech patterns, including Deaf speakers and people from racialized backgrounds.
After her interview, D.K. was rejected and given feedback to improve her “effective communication” and “adapt communication style,” despite past positive evaluations and bonuses in her role. She said she requested an accommodation but was not provided one.
“My experience reflects the systemic discrimination built into AI-driven hiring tools that continue to exclude and disadvantage marginalized communities,” D.K. said in a statement released by the ACLU.
The complaint asserts that Intuit was aware of the shortcomings of the technology, particularly its impact on Deaf applicants. Despite strong performance reviews, D.K. received lower scores on AI-driven metrics. Instead of addressing the technology’s flaws, the company reassigned her to a role that avoided phone interactions, the groups said.
The legal organizations argue that employers have a responsibility to ensure the tools they use comply with anti-discrimination laws.
“Applicants should not lose critical job opportunities because of employment assessments that screen them out based on who they are,” said Vedan Anthony-North, a fellow with the ACLU’s Racial Justice Program.
Public Justice attorney Shelby Leighton said Intuit failed to meet its legal obligation to vet its hiring assessments for accessibility and fairness. Leaders at Eisenberg & Baum also warned that companies cannot shield themselves from liability by citing AI tools as neutral arbiters.
The complaint highlights growing concerns that algorithmic hiring practices can replicate and reinforce systemic biases—particularly when used without proper oversight or accommodations.
As AI hiring systems become more common, the groups said employers must take responsibility for the tools they use and ensure their hiring practices do not exclude qualified candidates based on race or disability.
