Mobley v. Workday: AI Vendor Liability & Discrimination

1h ago·0:00 listen·Source: JD Supra

Summary

A significant AI-and-employment case is underway, focusing on the liability of AI vendors. Derek Mobley is suing Workday, the vendor of an AI screening system, alleging discrimination. Mobley, who is African-American, over forty, and has documented anxiety and depression, applied for over one hundred jobs through Workday's platform and was rejected from all of them. He claims the AI system discriminated against him before employers even saw his resume. A nationwide collective action for his Age Discrimination in Employment Act claim has been authorized. Plaintiffs are seeking detailed information about Workday's AI tools, including algorithmic bias training and testing data, code, and methodology. Workday has raised attorney-client privilege objections to these discovery requests. The bottom line is this case could set a precedent for holding AI vendors responsible for alleged discrimination by their systems.

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