Discrimination Suit against AI Screening Software Provider Workday

African American plaintiffs in California are suing Workday on the basis of repeated rejections by the company’s screening software. A federal judge dismissed several claims based on California state regulations (plus one disability claim) because of deficiencies she found in those claims. The plaintiffs have until March 27 to amend the claims. However, Workday’s attempt at dismissal of the primary claims was denied. The company had argued that job applicants are not covered by the ADEA because Congress had failed to modify that act to include them, but both Supreme Court and district court precedents contravened that argument. The lead plaintiff alleges that he had applied for and had been rejected for more than 100 positions by companies using Workday’s screening software. The suit has been in progress for over two years and could have significant impact on recruiting when it is finalized. A separate suit is also in progress in California, against “Eightfold AI, Inc.,” alleging that the company used AI to develop profiles on applicants without their consent, using “unverified, third-party sources” to develop predictions on candidates’ “likelihood of success.”