A lawsuit has been filed against Workday Inc., alleging that the company’s artificial intelligence (AI) systems and screening tools unfairly disqualify Black, disabled, and older job applicants disproportionately. The complaint was filed in the US District Court for the Northern District of California by Derek Mobley, a Black man over 40 who suffers from anxiety and depression.
Mobley seeks to represent all job applicants in protected classes who have not been referred or hired due to the discriminatory screening process. He claims to have applied for 80-100 positions that have used Workday as a screening tool since 2018. He has always been denied employment, despite holding a bachelor’s degree in finance from Morehouse College and an associate’s degree in network systems administration from ITT Technical Institute.
According to the lawsuit, Workday provides screening tools to hundreds, if not thousands, of companies. The company allegedly allows the preselection of applicants outside of protected categories. The tools allegedly rely on algorithms and inputs created by humans, who often have conscious and unconscious motivations to discriminate. The suit claims that Workday’s administration and dissemination of the screening products “constitute a pattern and practice of discrimination.”
The complaint further alleges that Workday marketed tools it knew intentionally discriminated against Mobley and other members of protected classes in violation of the Age Discrimination in Employment Act. Mobley seeks injunctive relief that would reform “Workday’s screening products, policies, practices, and procedures so that the Representative Plaintiff and the class members will be able to compete fairly in the future for jobs and enjoy terms and conditions of employment traditionally afforded similarly situated employees outside of the protected categories.”
The lawsuit comes when federal agencies like the Equal Employment Opportunity Commission (EEOC) are pushing for the enforcement of AI bias. The EEOC has recognized that using AI in hiring can result in discrimination, particularly against certain protected groups, and has issued guidance on the issue. The agency has also filed several lawsuits alleging that employers have used AI to discriminate against job applicants.
Workday has responded to the lawsuit, saying that it believes it is without merit. The Pleasanton, California-based company stated it is “committed to trustworthy AI” and acts “responsibly and transparently in the design and delivery” of its AI solutions. Workday claims to engage in a risk-based review process throughout its product lifecycle to help mitigate any unintended consequences and conducts extensive legal reviews to ensure compliance with regulations.
The lawsuit against Workday highlights the need for fair and unbiased recruitment processes, particularly regarding the use of AI in hiring. As AI becomes increasingly prevalent in the hiring process, companies must ensure that their systems do not perpetuate biases or discriminate against certain groups of job applicants. This requires ongoing monitoring and testing of AI systems and regular training for those responsible for developing and implementing them.
REFERENCES:
Workday AI Biased Against Black, Disabled Applicants, Suit Says