National Campaigns Director - Abuse of Power

ACLU files Civil Rights complaint challenging discriminatory hiring products. Complaint raises concerns that Criteria Corporation's hiring assessment products discriminate against applicants based on disability, race, and sex. October 6, 2026 2:33 pm ACLU Affiliate Spokespeople Media Contact 125 Broad Street 18th Floor New York, NY 10004 United States SACRAMENTO- Today, the American Civil Liberties Union and the ACLU of Northern California filed a complaint with the California Civil Rights Department (CRD) urging an investigation of Criteria Corporation, a technology corporation that develops and sells assessments used for hiring and other employment processes that raise concerns about discrimination against applicants based on disability, race, and sex. The complaint focuses on one of Criteria's assessment products, Emotify, which claims to measure "emotional intelligence" and an applicant's ability to perceive, understand, and manage emotions by asking candidates to interpret facial expressions and match them to descriptions of emotions. Emotify's assessment closely mirrors clinical diagnostic tests for autism and related neurodevelopmental conditions, and it may screen out or disproportionately impact qualified individuals with those conditions. "There is a long and ugly history of job requirements designed to cut out disabled applicants. Well-qualified autistic people are routinely denied employment over things like not making eye contact, or not making small talk, that have nothing to do with ability to do the job. Baking that discrimination into an app doesn't make it any less discriminatory," said Colin Killick, executive director at the Autistic Self Advocacy Network. "When hiring tools exclude qualified applicants based on characteristics unrelated to their ability to do the work, they raise serious concerns under discrimination laws." "When employers use assessment tools that are more likely to reveal a person's disabilities rather than their ability to do the job, employers risk missing out on highly qualified candidates. These hiring tools pose an unacceptable risk of amplifying existing discrimination in the workplace and exacerbating harmful barriers to employment for people with disabilities," said Brian Dimmick, senior staff attorney with the ACLU's Disability Rights Program. "No applicant should be subjected to a hiring assessment that so closely mirrors clinical diagnostic tools. It's patently unlawful in the early stages of a hiring process, and vendors marketing such products and employers using them in this way risk liability," said Olga Akselrod, senior counsel, ACLU Racial Justice Program. "What's more, vendors should not be marketing assessments that carry a high risk of discrimination based on disabilities, race, and other protected characteristics. Both vendors and employers have a legal obligation to thoroughly vet any assessments to ensure that they comply with anti-discrimination laws." "California has been a leader in protecting people from the harms of discriminatory automated systems, such as AI screening tools that can introduce racial, gender, and disability bias into the hiring process," said Grayce Zelphin, senior staff attorney at the ACLU of Northern California. "By investigating Criteria's employment products, the California Civil Rights Department has an opportunity to defend qualified job applicants from unlawful discrimination." The use of Emotify during the hiring process could violate California's Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA). Because the assessment parallels the content of clinical diagnostic tools and is likely to reveal information pertaining to a disability, it likely constitutes a disability-related inquiry, or medical or psychological examination, and is likely to result in unfairly excluding applicants. Both FEHA and the ADA prohibit employers from making disability-related inquiries or requiring medical examinations before a conditional offer of employment, only permitting inquiries into an applicant's ability to perform job-related functions at that stage of the hiring process. In addition, Criteria also sells other pre-employment hiring products that raise concerns around discrimination detailed in the complaint, including a cognitive aptitude assessment, personality assessments, and artificial intelligence-based video interviewing and proctoring tools. The AI technologies can introduce or amplify bias by performing worse for disabled applicants, people with accents, and Black, Latine, and Indigenous speakers, leading to hiring decisions that may unfairly disadvantage qualified candidates. The complaint urges CRD to investigate Criteria's hiring technologies and practices to determine whether they violate California's civil rights protections. A copy of the complaint can be found here. Related Documents By completing this form, I agree to receive occasional emails per the terms of the ACLU's privacy statement.

Tulane named in pro-Palestinian encampments, campus freedom of speech report. September 28, 2026 Police scuffle with protestors on Freret Street at a protest outside of Chabad as two IDF soldiers speak inside in 2025. A new report examining pro-Palestinian encampments at universities across the nation claims Tulane used excessive force to disband the 2024 demonstration. Amnesty International published the report, "Student Speech Under Attack," in partnership with the American Civil Liberties Union on Sept. 23. It is based on a two-year investigation into pro-Palestinian encampments at 80 colleges across the country - six of these universities were used as case studies, including Tulane. "Colleges and universities violated basic free speech, association, and assembly rights and caused serious harm when they summoned campus police and local law enforcement, resulting in arrests and unlawful and unnecessary use of force," the report said. Amnesty International and the ACLU are nonprofit organizations that both seek to defend human rights. Justin Mazzola, an Amnesty International researcher, said Tulane's response was not unique when compared to other universities. "I think [Tulane's response] was symptomatic of things that we saw all across the country, and that's really what drew our concern around this issue. The findings that we documented were widespread and nationwide," Mazzola said. "I think also some of the political pressures within Louisiana that the state placed on the university factored into it as well." The report describes a "chilling effect" on pro-Palestinian speech on college campuses across the country following the 2024 encampments. According to Mazzola, the decrease in pro-Palestinian speech may indicate broader implications for the culture of free speech in higher education. "A lot of communities, and not just on campuses, but society at large, have been fragmented [and] are no longer talking to each other, but are also kind of talking past each other, over each other, when it comes to some of these really crucial and political issues," Mazzola said. The report makes several recommendations for how universities may better facilitate free speech, including encouraging open dialogue, limiting the use of law enforcement and allowing students to protest spontaneously when appropriate. "This was a nationwide problem and a nationwide issue, and that's what drew Amnesty and the ACLU together... so I think it's important for folks to understand that this isn't pertaining to one particular campus," Mazzola said. "It's something that we have to take notice of and push back against, before we start seeing our rights to freedom of expression and free speech slipping away." Donate to The Tulane Hullabaloo Contributed Your donation will support the student journalists of Tulane University. Your contribution will allow us to purchase equipment and cover our annual website hosting costs.

ACLU of Colorado legal director honored for dedication to Colorado children and underprivileged communities. Colorado Lawyers Committee recognizing Tim Macdonald for his extraordinary commitment to social justice at its annual awards luncheon September 24, 2026 2:00 pm DENVER - On September 24, 2026, the Colorado Lawyers Committee (CLC) honored ACLU of Colorado legal director, Tim Macdonald, with the Outstanding Sustained Contribution Award at its 2026 Awards Luncheon. This award is presented each year to an individual who makes an important difference in the lives of children and underprivileged communities through their work with the CLC. Macdonald has volunteered with the CLC for more than 25 years. In that time serving the organization, the CLC recognizes that he has profoundly advanced its mission and transformed the lives of Colorado children, families, and underserved communities. "Tim's impact on the Colorado Lawyers Committee is immeasurable. He exemplifies the very best of our profession," said Kristin Bronson, Executive Director of the CLC. "His extraordinary commitment to justice has inspired colleagues, strengthened our organization, and expanded access to legal services for thousands of people over more than 25 years of service." Macdonald's volunteer work with the CLC has led to the creation of services that have positively impacted Colorado communities in need. He was the visionary behind the CLC's Project Homeless Connect, which launched in 2005 and mobilized hundreds of attorneys to volunteer their time to provide legal guidance, referrals, and representation to people experiencing homelessness. He also founded Denver Legal Night, a monthly legal clinic created to ensure that people who could not afford an attorney still had access to trusted legal guidance. Macdonald finds time to volunteer hundreds of hours to the CLC, while also spending his working hours defending Coloradans' civil rights protections by leading the ACLU of Colorado legal team. "Tim's commitment to protecting and advancing justice is evident in everything he does. He brings extraordinary skill, thoughtfulness, and determination to his work, while never losing sight of the people whose lives are affected by it," said Sara Neel, ACLU of Colorado Managing Attorney. "This recognition from the Colorado Lawyers Committee is a fitting acknowledgment of the impact he has made over many years, both in our legal community and in the lives of Coloradans." "It has been an incredible honor working alongside Tim defending the civil rights of Coloradans. Tim's unwavering dedication to our communities that are most at risk of having their rights threatened, attacked, or rolled back has inspired not only me, but our entire organization," said Olivia Mendoza, ALCU of Colorado Executive Director. "Our affiliate is fortunate to have Tim's experience, integrity, and leadership guiding our litigation. Our fight to protect, defend, and advance Coloradans' civil rights perseveres thanks to Tim's courageous devotion to this critical work." Macdonald has served as the ACLU of Colorado's legal director since March of 2023. Before joining the ACLU of Colorado, he was a trial and appellate lawyer at Arnold & Porter for 24 years. In private practice, Macdonald was a committed pro bono cooperating counsel for the ACLU from the beginning of his career and led the trial team in 2022 on behalf of peaceful protestors injured by Denver police during the protests following the murder of George Floyd. He has been recognized as a Top 50/Top 100 Colorado Super Lawyer and Law Week Colorado named him one of the Lawyers of the Year in 2014 and 2021. By completing this form, I agree to receive occasional emails per the terms of the ACLU's privacy statement.