09/14/2026
Most small businesses don't think of resume-screening software as "AI," but courts don't care what it's called. If it's ranking, scoring, or auto-rejecting candidates, judges treat that decision the same as one made by a hiring manager.
In 2023, iTutorGroup paid $365,000 to settle the first case of its kind, after its hiring software automatically rejected older applicants in violation of the Age Discrimination in Employment Act. Similar lawsuits against several major hiring-technology vendors have since followed.
Employers, not just the vendors that built these tools, are increasingly facing these lawsuits directly. That raises a question most businesses haven't asked: would your EPLI policy actually cover a claim like this?
Now is the time to find out, not after a claim lands on your desk. Company size doesn't change the risk, and it shouldn't change how seriously you take it.
Click the link below to explore EPLI exposure resulting from AI-driven hiring practices:
https://sandstoneins.com/blog/ai-in-hiring-is-creating-new-epli-exposure-for-employers-in-2026/
Explore AI's impact on hiring litigation, its influence on EPLI insurance, and legal challenges firms face with AI-driven employment decisions.