Labor & Employment Developments Blog

Recently, a federal court in the Northern District of California issued an important ruling in the closely followed Mobley v. Workday putative class action lawsuit alleging that Workday, a cloud-based software vendor specializing in financial management and human capital management, violated federal discrimination laws. In the lawsuit, the plaintiffs claim Workday’s AI hiring platform screens out applicants over age 40 in violation of the Age Discrimination in Employment Act (“ADEA”).

From resume screening bots to AI tools that assess facial expressions in interviews, artificial intelligence is rapidly changing how employers make decisions about candidates and employees. Artificial intelligence (AI) and automated decision systems (ADS) are reshaping the entire employment lifecycle, from the moment a job posting goes live to the day of separation.

Recent executive orders have caused the Equal Employment Opportunity Commission (EEOC) to abandon litigation and guidance on LGBTQ+ protections and other areas that were priorities during the Biden administration