Lawsuit Regarding AI Bias in Workday's Systems Moves Forward following Judge's Decision
In a groundbreaking development, Workday, a leading AI-driven hiring platform, is facing a collective-action lawsuit alleging age discrimination. The lawsuit was spearheaded by Derek Mobley, a Black, disabled man in his 40s, supported by another plaintiff, Jill Hughes.
According to ITPro, Mobley claims he applied for over 100 jobs without success, while Hughes alleges she received automated rejections for hundreds of job applications. The automated rejections often occurred within hours of submitting an application or outside of business hours, suggesting that a human did not review the applications.
A Battle ofAI and Age
Judge Rita Lin allowed Mobley's request for preliminary certification of collective action on the age discrimination claim. In her order, Lin stated that "applicants are alike in the central way that matters: they were allegedly required to compete on unequal footing due to Workday's discriminatory AI recommendations."
If successful, the class will include applicants over the age of 40 who were rejected for employment recommendations through Workday's job application platform from Sept. 24, 2020, through the present. This is a massive class, potentially encompassing hundreds of millions of people.
Workday insists the lawsuit is without merit. However, the court has not made any substantive findings against Workday, and the case is still in its early stages. The company believes that once it is permitted to defend itself with facts, the plaintiff's claims will be dismissed.
A New Era for AI Hiring
In a collective action lawsuit, plaintiffs must opt-in, whereas in a class action lawsuit, a large group of people is included unless they opt-out. If Mobley and the other plaintiffs are successful in their collective action suit, Workday will have to alter its practices.
The case raises significant implications for the use of AI in hiring processes, underscoring the need for fairness and compliance with employment discrimination laws.
Picture: Costar
Insights:
- The lawsuit has been granted both class action and collective action status, allowing Mobley and other plaintiffs to include individuals aged 40 and over who were denied employment recommendations through Workday's job application platform[1][3].
- The allegations involve discrimination against individuals over the age of 40, as well as race and disability status[5]. Workday has raised concerns about identifying collective members but is preparing to defend itself against these claims[2][4].
- The case is in its early stages but has significant implications for the use of AI in hiring processes, emphasizing the need for fairness and compliance with employment discrimination laws.
Technology plays a crucial role in this lawsuit against Workday, as the AI-driven hiring platform is allegedly biasing its job recommendations against older applicants. If successful, the class action lawsuit may force Workday to revise its practices, ensuring technology used in hiring is fair and compliant with employment discrimination laws.
