In a complaint filed with the EEOC, the ACLU alleged that Intuit’s use of HireVue software—part of an AI-driven hiring process—unfairly rejected a qualified applicant due to the system's failure to accommodate the applicant's disability. The applicant, a Native American who is deaf and speaks with a deaf accent, was reportedly denied the opportunity because the AI could not appropriately process their disability-related communication.

In 2019 the applicant started working for Intuit as a seasonal tax associate.  The applicant had also joined the Intuit accessibility team to bring their experience to the Intuit accessibility team.  The applicant specifically worked on resolving problems for customers who communicated through American Sign Language.

When a seasonal manager role opened up, the applicant applied for the position but had to go through the Hirevue process to proceed. The Hirevue program uses automated speech recognition technology based upon different speech patterns, word choice, and accents.  The applicant had identified concerns using the Hirevue software to the accessibility team stating that it may exclude applicants with disabilities.  Although the concern was escalated, the applicant never heard back from anyone.

Specifically, the applicant asked the company to provide CART captioning for the audible instructions, which involves trained captioners listening to the spoken words and translating them into on-screen text.  The company stated it was not needed and that the closed caption on HireVue would be sufficient. This approach required using less accurate automated captioning provided by the web browser, which made it harder for the applicant to understand what the interviewer was saying.

According to ACLU, HireVue technology cannot accurately recognize and analyze the speech of someone who is deaf and gave them lower scores. Further, the ACLU alleges that  the  use of automated speech recognition technology based upon different speech patterns, word choice, and accents impacts minorities and others with nonwhite educated speech patterns and language (like slang).  Specifically, the applicant alleges that they were forced to rely on less accurate automated captions during the interview, claiming their comprehension and performance were negatively affected. Subsequent feedback focused its feedback on the applicant’s communication skills, saying they should "practice active listening," focus on providing more direct and concise answers to interview questions, and demonstrate "flexibility in adapting your communication style to different audiences."

The ACLU stated that the feedback was based on the applicant’s disability and reflects the technology's inability to work with deaf applicants.

In defense, Intuit denies the allegations entirely, stating it provides reasonable accommodations to all applicants. HireVue also rejects the claims, saying that Intuit didn’t even use an AI-backed assessment in this particular hiring process. The EEOC will have to investigate and determine what is going on.  If it is being used, the next question will be whether the tool was validated for the job being hired as the Uniform Guideline for Employee Selection would seem to be required in this type of situation. 

The takeaway for employers is to understand how AI tools impact the process and to conduct various analysis for impact on the hiring process, from speech recognition patterns to visual to process/skill (e.g. typing) and audio interviews.  EEO risk exists with these AI tools if they somehow discriminate against protected classes.  Work with legal counsel to ensure EEO compliance.

Source: Fisher Phillips 3/27/25, Law360 3/19/25