Articles Tagged with online hiring bias

The lawsuit comes as employers have asked the U.S. Equal Employment Opportunity Commission (EEOC) for clearer guidance in how they should be using this technology. The EEOC has said it wants to initiate stronger enforcement of federal antidiscrimination standards to prevent hiring bias perpetuated by AI systems.

The primary plaintiff in the case against Workday  – representing others similarly situated – says he’s over 40, Black, and suffers from anxiety and depression. He has applied for upwards of 100 jobs through Workday’s system since 2018, when he earned a bachelor’s degree in finance and an associates degree in information technology. He’s been denied every single time.

Workday is a hiring screening tool that is used by thousands of employers nationally, according to the complaint. It purportedly allows for preselection of applicants outside of protected categories – with input from algorithms formulated with input from humans who, as we know, have both conscious and unconscious motivations for discrimination. This, plaintiffs say, has resulted in patterns of discriminatory practice. Furthermore, it’s alleged the software developer knew its systems were intentionally discriminating against protected class members in clear violation of the U.S. Age Discrimination in Employment Act (among other federal protections).

Plaintiff in Mobley v. Workday is seeking injunctive relief to reform the AI company’s screening products, policies, procedures, and practices to ensure that workers in state and federally protected classes will be able to compete fairly.

The company denies any wrongdoing, and insists its tools are fair and that the review process has been subject to extensive legal review to ensure compliance with state and federal employment regulations.