On September 8, 2023, federal court approved a consent decree from the Equal Employment Opportunity Commission (EEOC) with iTutorGroup Inc. and its affiliates (“iTutor”) over alleged age discrimination in hiring, stemming from automated systems in recruiting software. Arriving on the heels of the EEOC announcing its artificial intelligence (AI) guidance initiative, many are calling this case the agency’s first ever AI-based antidiscrimination settlement.¹ While it is not clear what, if any, AI tools iTutor used for recruiting, one thing is certain: We will soon see many more lawsuits involving employers’ use of algorithms and automated systems, including AI, in recruitment and hiring.²