- LLRJ | Lex Lumen Research Journal
- 2025
Coded Out: AI Hiring and The Invisible Barriers for Persons with Disabilities
Author: Siya Gupta, Intern, Lex Lumen Research Journal. [Page: 358-374]
KEYWORDS: Artificial Intelligence, Algorithmic hiring, Persons with Disabilities, RPwD Act, Digital discrimination, Employment accessibility, Inclusive design, Reasonable accommodation, AI bias audits, AI governance, Automated decision-making, Disability rights, Assistive technologies, Predictive hiring tools, Web Content Accessibility Guidelines (WCAG), Regulatory sandbox, Algorithmic transparency, Digital inclusion, ADA compliance, Constitutional rights, Equality in employment, Discrimination by design, High-risk AI systems, Accessible recruitment platforms.
ABSTRACT
This paper presents a critical analysis from a legal and policy perspective on AI-based hiring
platforms and their challenges to employment rights for PWDs in India. Using a doctrinal and
comparative methodology, the paper highlights the way the present Indian laws, especially the
Rights of Persons with Disabilities Act, 2016, fail to consider algorithmic exclusion. The paper
identifies the blind spots in Indian law from regulation models worldwide, such as the EU’s
Artificial Intelligence Act and the U.S. ADA-based guidance. Using case studies and technical
critiques as exemplars, it proposes a rights-based framework for algorithmic hiring that ensures
accessibility, transparency, and institutional accountability. This study contributes to the growing
discussion of ethical AI by emphasizing the constitutional duties of equality, dignity, and nondiscrimination in the realm of digital employment.
This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC-SA 4.0) licence, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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