Lawsuit Challenges AI Hiring Software for Age Bias
A federal court in California has authorized notice to potential class members in a lawsuit against Workday, Inc. The collective action alleges that the company's AI-powered hiring software results in age discrimination against job applicants. The case, Mobley v. Workday, Inc., scrutinizes the algorithms used in automated recruitment tools for potential biases.
- The lawsuit was initiated by Derek Mobley, who alleges he was rejected from over 100 job applications submitted through Workday's platform. He claims the rejections often came within minutes or hours, suggesting automated screening was the cause. - Beyond age, the original lawsuit also alleges that Workday's screening tools discriminate based on race and disability. Mobley is an African American man over the age of 40 who has a disability. - A key legal argument is that Workday, as the software vendor, acts as an "agent" of the employers using its platform and can therefore be held liable under anti-discrimination laws. In July 2024, a judge denied Workday's motion to dismiss the case on these grounds, allowing the "agent" theory of liability to proceed. - Workday's defense asserts that it is not responsible for hiring outcomes, arguing that its clients control how the software is configured and which candidates are selected. - The U.S. Equal Employment Opportunity Commission (EEOC) has intervened by filing a brief in support of the plaintiff, a move signaling regulatory concern over the potential for AI-driven discrimination. - This is not the first lawsuit to tackle AI hiring bias; in 2023, the EEOC settled a case with iTutorGroup, which was accused of using AI to automatically reject female applicants over 55 and male applicants over 60. - The potential class for the age discrimination portion of the lawsuit includes all individuals aged 40 or older who applied for a job through Workday's platform since September 24, 2020.
