Emerging Liability for AI-Driven Hiring Tools: Key Developments in Mobley v. Workday, Inc.

Employers using artificial intelligence (AI) in hiring and talent acquisition should be aware of Derek L. Mobley v. Workday, Inc., Case No. 3:23-cv-00770-RFL, a case currently pending in the Northern District of California. This litigation tests the boundaries of traditional employment discrimination statutes in the context of AI decision-making and raises novel questions about the viability of class and collective actions targeting AI-based applicant screening tools. Recent developments,... By: Maynard Nexsen