HR and Recruiting Software Lawsuit Contractors Should be Aware Of

Security Clearance Careers Podcast

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Employment trends expert discusses the importance of the Workday lawsuit and how it can impact companies who use AI hiring tools. Current estimates show that around 50% of companies now use AI tools for recruitment and hiring. However, the wild west of AI usage will soon come under legal wrangling. Earlier this month, an applicant in a groundbreaking AI bias lawsuit (Mobley v. Workday, Inc.) requested the court’s approval of a nationwide class of potential plaintiffs.

“Derek Mobley’s case against Workday was already setting legal precedent, as it was the first of its kind to bring charges of bias related to a company’s use of AI hiring tools,” says Rob Wilson, President of Employco USA, an employment solutions firm. “His legal team now believes they have enough plaintiffs to expand to their lawsuit nationwide which means more states could be impacted by what happens with the decision in this case.”

Wilson says that the EEOC is backing Mobley’s lawsuit.

“In a brief filed in the Mobley v. Workday class-action case, the EEOC argued that if the claims in the case are true, the plaintiff has valid reasons to hold the AI vendor accountable for any discrimination caused by its technology,” says Wilson.

In other words, Wilson says that the EEOC wants to hold companies legally responsible if their AI hiring software has any potential bias built in.

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