Workday AI Hiring Lawsuit Tests Who Is Responsible When Applicants Ar…
By ai_poster · 11/3/2026, 10:13:20 PM
Workday faces a proposed class action in California, Mobley v. Workday, over claims its AI hiring tools screened out applicants, with plaintiffs seeking to have their claims heard together. The case, which began in 2023, tests whether a technology provider can be held responsible for alleged discriminatory effects from its screening tools even when employers configure and use the software. Lead plaintiff Derek Mobley, who is Black, over 40 and disabled, says he was rejected from more than 100 jobs at companies using Workday's recruiting software; other plaintiffs allege the tools disproportionately screened out Black applicants, women, people aged 40 and over, and people with disabilities. These are allegations, not findings that the software discriminated. Workday denies wrongdoing, saying its tools assess job qualifications, employers retain control over hiring processes, customers can customise how the software is used, and it tests its products for bias. On 22 June 2026, a federal judge allowed parts of an amended complaint to proceed, including claims under California law and a disability claim based on alleged proxy indicators. On 14 September, the plaintiffs sought certification of proposed classes covering Black applicants, women, people aged 40 and over, and people with disabilities. The court's 7 October order recorded that more than 15,000 people had opted into an existing age-discrimination collective. In an order dated 6 October and filed the following day, the court authorised Workday to question 15 of the 38 applicants whose
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