Analysis

Arguments built from the record

Each edition begins with primary materials and ends with a proposition a practicing lawyer can test, use, or challenge.

Analysis

Part one: When the rule is not written down

Four records suggest that as a hiring mechanism becomes less legible, a plaintiff may reach filing without the rule, the model, or the group-level evidence needed to test it. None establishes that opacity caused the gap, or that discovery will close it.

August 31, 2026

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Analysis

Part two: When the rule is written down and nobody looks

One city requires an automated hiring tool to be audited by an independent auditor and a summary of the result published. The official record through June 2025, which its auditors did not vouch for as complete, shows two complaints, no civil penalty, no notice of violation, and no proceeding at the city tribunal.

August 31, 2026

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