07-09-2025
Derek Mobley filed a lawsuit against Workday Inc., alleging that the company’s AI-driven applicant screening tools systematically disadvantage older workers. He is over 40 years old. Workday provides human resources software to employers to post open jobs, recruit candidates, and manage the hiring process. The company also offers a service called “HiredScore AI,” which uses “responsible AI” to grade top candidates and help recruiters screen applications (CNN).
Mobley submitted more than 100 job applications over seven years through Workday’s platform, and he was rejected each time, despite applying early and having significant experience. Mobley asserts that the platform uses AI tools that sort, score, and rank each applicant in a way that penalizes older applicants. He also alleges discrimination based on race and his disabilities. A district court in the Northern District of California granted preliminary certification under the Age Discrimination in Employment Act. Mobley is joined by four other plaintiffs, all of whom are over 40 years old. The plaintiffs collectively claim they have submitted hundreds of job applications and received rejections each time. The court decided that the primary question, whether Workday’s AI system disproportionately impacted applicants over 40, can be addressed altogether. There will be challenges in identifying all potential members of the action.
Workday responded that the lawsuit lacks merit and notes that the court’s decision is preliminary; it relies on allegations, not evidence. According to CNN, experts are concerned about AI technology deciding which candidates are “most qualified” because it can include biases that may prevent individuals from getting hired based on age, gender, race, or other characteristics. In 2018, Amazon stopped using an automated job candidate ranking tool after it learned that the tool favored men.