Latest news with #DerekMobley
Daily Mail
25-05-2025
- Business
- Daily Mail
Lawsuit alleges Workday is discriminating against over-40s
Major tech firm Workday is facing a collective action lawsuit alleging that a feature of its recruitment tech is discriminatory against applicants over 40. In 2024, Derek Mobley sued Workday, a company that provides tech to help firms with hiring and workforce management. He alleged that the company's job applicant screening algorithm meant that he was rejected by more than 100 jobs over seven years due to his age, race and disabilities. Mobley is a black man over the age of 40 who identifies as having anxiety and depression. Four other plaintiffs over the age of 40 have since joined him with allegations of age discrimination. Earlier this month, California district judge Rita Lin ruled the lawsuit could move forward as a nationwide collective action - similar to a class action. The plaintiffs claim that they submitted hundreds of applications to the software but were rejected every time - sometimes within a matter of minutes. According to court documents, they claim Workday's AI-based hiring tools 'disproportionately disqualifies individuals over the age of forty (40) from securing gainful employment.' Workday denies the allegations. Some 11,000 companies worldwide use Workday, which provides a platform for firms to post job openings and manage the recruitment process. It also offers a service called 'HiredScore AI,' which it says uses 'responsible AI' to grade the best candidates and cut down the time recruiters spend screening applicants, CNN reported. In a court filing opposing the allegations, Workday claims it does not screen prospective employees and that its tech does not make decisions on hiring. AI tools can help businesses manage a sudden influx of thousands of applications. But critics of the tech are concerned that AI can contain biases that may deter people from being hired based on factors such as their age, gender or race. The case is still in its early stages. But it serves as a warning that employers could be held accountable for algorithmic screening tools if they disproportionately harm certain groups - even if the bias is unintentional. For example, The American Civil Liberties Union has previously warned that AI hiring tools 'pose an enormous danger of exacerbating existing discrimination in the workplace.' In 2018, Amazon had to scrap a 'sexist' AI hiring tool after it taught itself to prefer male candidates over females. Mobley claims he kept being rejected, often without being offered an interview, despite having almost a decade of experience and having graduated cum laude from Morehouse College. According to court documents, he alleges he once submitted a job application at 12:55am and had already received a rejection by 1:50am. Another plaintiff, Jill Hughes, claimed she also received automated rejections for hundreds of roles 'often received within a few hours of applying or at odd times outside of business hours … indicating a human did not review the applications,' CNN reported. In some cases, she claims the rejection emails falsely said she did not meet the minimum requirements for the role. Mobley's original complaint claims: 'Algorithmic decision-making and data analytics are not, and should not be assumed to be, race neutral, disability neutral, or age neutral. 'Too often, they reinforce and even exacerbate historical and existing discrimination.' Judge Lin's order on May 16 will allow Mobley's lawyers to notify other people who may have similar claims against Workday to join the lawsuit, but the company can still ask the court to deal with the claims individually.
Daily Mail
23-05-2025
- Business
- Daily Mail
Bombshell lawsuit says major US HR firm is discriminating against over-40s
Major tech firm Workday is facing a collective action lawsuit alleging that a feature of its recruitment tech is discriminatory against applicants over 40. In 2024, Derek Mobley sued Workday, a company which provides tech to help firms with hiring and workforce management. He alleged that the company's job applicant screening algorithm meant that he was rejected by more than 100 jobs over seven years due to his age, race and disabilities. Mobley is a black man over the age of 40 who identifies as having anxiety and depression. Four other plaintiffs over the age of 40 have since joined him with allegations of age discrimination. Earlier this month, California district judge Rita Lin ruled the lawsuit could move forward as a nationwide collective action - similar to a class action. The plaintiffs claim that they submitted hundreds of applications to the software but were rejected every time - sometimes within a matter of minutes. According to court documents, they claim Workday's AI-based hiring tools 'disproportionately disqualifies individuals over the age of forty (40) from securing gainful employment.' Workday denies the allegations. Some 11,000 companies worldwide use Workday, which provides a platform for firms to post job openings and manage the recruitment process. It also offers a service called 'HiredScore AI,' which it says uses 'responsible AI' to grade the best candidates and cut down the time recruiters spend screening applicants, CNN reported. In a court filing opposing the allegations, Workday claims it does not screen prospective employees and that its tech does not make decisions on hiring. AI tools can help businesses manage a sudden influx of thousands of applications. But critics of the tech are concerned that AI can contain biases which may deter people being hired based on factors such as their age, gender or race. The case is still in its early stages. But it serves as a warning that employers could be held accountable for algorithmic screening tools if they disproportionately harm certain groups - even if the bias is unintentional. For example, The American Civil Liberties Union has previously warned that AI hiring tools 'pose an enormous danger of exacerbating existing discrimination in the workplace.' In 2018, Amazon had to scrap a 'sexist' AI hiring tool after after it taught itself to prefer male candidates over females. Mobley claims he kept being rejected, often without being offered an interview, despite having almost a decade of experience and having graduated cum laude from Morehouse College. According to court documents, he alleges he once submitted a job application at 12:55am and had already received a rejection by 1:50am. Another plaintiff, Jill Hughes, claimed she also received automated rejections for hundreds of roles 'often received within a few hours of applying or at odd times outside of business hours … indicating a human did not review the applications,' CNN reported. In some cases, she claims the rejection emails falsely said she did not meet the minimum requirements for the role. Mobley's original complaint claims: 'Algorithmic decision-making and data analytics are not, and should not be assumed to be, race neutral, disability neutral, or age neutral. 'Too often, they reinforce and even exacerbate historical and existing discrimination.' Judge Lin's order on May 16 will allow Mobley's lawyers to notify other people who may have similar claims against Workday to join the lawsuit, but the company can still ask the court to deal with the claims individually. The lawsuit is seeking unspecified monetary damages and a court order requiring the company to change its practices. 'We continue to believe this case is without merit. This is a preliminary, procedural ruling at an early stage of this case that relies on allegations, not evidence. 'The Court has not made any substantive findings against Workday, and has not ruled this case can go forward as a class action.
The Independent
23-05-2025
- Business
- The Independent
Lawsuit claiming discrimination by the Workday HR program could have huge impacts on how AI is used in hiring
Workday has been sued by multiple job candidates who claim that the human resources software firm's screening technology is discriminatory. The collective action lawsuit could have a huge impact on how artificial intelligence is used in the hiring process. Workday is used by thousands of organizations around the world to recruit new employees. Many companies use it as a first step in the hiring process. It's often the online portal where applications for jobs are submitted. One program that the HR company offers is called HiredScore AI. This service grades candidates through 'unbiased, AI-driven analysis,' according to the firm. The idea behind this program is to allow recruiters a quick way to sort through candidates. But several job candidates who have submitted applications through Workday have come forward, claiming the company's algorithms are discriminatory, based on age and other factors. Derek Mobley, a Morehouse College graduate with almost a decade of experience in financial, IT and customer service work, sued Workday last year, claiming that its algorithms led to more than 100 job application rejections over seven years because of his age, race and disabilities. Four other job candidates made similar discrimination claims. On Friday a California district judge ruled that the case can move forward as a collective action lawsuit. All of the plaintiffs are over the age of 40, and they claim that they have submitted hundreds of job applications through Workday collectively, only to get rejected each time. One of the plaintiffs, Jill Hughes, claimed that she received automated rejections for hundreds of submitted job applications 'often received within a few hours of applying or at odd times outside of business hours,' according to court documents. She claimed this indicated 'a human did not review the applications,' the documents read. Workday said in a statement to The Independent: 'We continue to believe this case is without merit. This is a preliminary, procedural ruling at an early stage of this case that relies on allegations, not evidence. 'The Court has not made any substantive findings against Workday, and has not ruled this case can go forward as a class action. We're confident that once Workday is permitted to defend itself with the facts, the plaintiff's claims will be dismissed.' In a collective action lawsuit, plaintiffs have to opt into it, whereas in a class action lawsuit, a large group of people is included in the case unless they opt out. Workday still has the option to ask for the claims to be handled by the court individually. Mobley's original complaint said that 'too often' algorithmic decision-making and data analysis tools 'reinforce and even exacerbate historical and existing discrimination.' If Mobley and the other plaintiffs are successful in their collective action suit, Workday may have to change its practices. This could have a dramatic effect on how companies use AI in future hiring processes to weed out candiates before a manager can even see their applications.
USA Today
23-05-2025
- Business
- USA Today
Is the AI screening your resume biased? A lawsuit makes the case
Is the AI screening your resume biased? A lawsuit makes the case Show Caption Hide Caption Pentagon blames AI for removal of webpages about historic figures Pages about historic figures were taken down from the Pentagon's website amid a push to purge DEI. Officials say artificial intelligence is to blame. A lawsuit against Workday alleges the company's screening technology discriminates against job applicants on the basis of race, age and disability in a case that raises new legal issues about how employers use artificial intelligence in hiring decisions. Derek Mobley brought the discrimination lawsuit against the human resources software company in 2023, alleging he applied for hundreds of positions over seven years only to be repeatedly rejected. Four other plaintiffs over the age of 40 have since joined the suit, blaming the AI recommendation technology that screens and ranks job applicants for 'disproportionately' preventing older workers from 'securing gainful employment.' California federal judge Rita Lin ruled Friday the case can proceed as a collective action – similar to a class action – so Mobley can notify 'similarly situated individuals of the lawsuit and provide them an opportunity to opt in to having their claims heard on a collective basis.' 'We continue to believe this case is without merit,' Workday said in a statement. 'This is a preliminary, procedural ruling at an early stage of this case that relies on allegations, not evidence. The court has not made any substantive findings against Workday and has not ruled this case can go forward as a class action. We're confident that once Workday is permitted to defend itself with the facts, the plaintiff's claims will be dismissed.' The Workday lawsuit raises new issues about the use of AI and shows the possible legal exposure for AI vendors and for employers that increasingly relying on it. Human resources professionals lean heavily on AI technology to screen and rank applications and resumes. While the technology saves manpower and time, civil rights experts say the technology may have hidden biases that discriminate against job applicants based on protected characteristics such as gender and race. 'AI tools are trained with a large amount of data and make predictions about future outcomes based on correlations and patterns in that data – many tools that employers are using are trained on data about the employer's own workforce and prior hiring processes. But that data is itself reflective of existing institutional and systemic biases,' warned the American Civil Liberties Union. In 2014, a team of engineers at Amazon began building an algorithm to review resumes and determine which applicants the tech giant should hire. The system was scrapped a year later because it discriminated against women applying for technical jobs. Mobley said he received automated rejections again and again despite a finance degree from Morehouse College and experience since 2010 working in various financial, IT help desk and customer-service positions, sometimes in less than an hour. These systems are not 'race neutral, disability neutral or age neutral,' Mobley said in his complaint. Another plaintiff, Jill Hughes, said she also received automated rejections for hundreds of roles, often within a few hours of applying.
CNN
22-05-2025
- Business
- CNN
Workday's discriminatory hiring tech prevented people over 40 from getting hired, lawsuit alleges
Tech firm Workday is facing a collective action lawsuit alleging that its job applicant screening technology is discriminatory, following an order by a California district judge on Friday. The outcome could set a precedent for whether and how companies can use algorithms and artificial intelligence to make hiring decisions, as companies increasingly adopt the technology. Last year, a man named Derek Mobley sued the human resources software company claiming that Workday's algorithms caused him to be rejected from more than 100 jobs on the platform over seven years because of his age, race and disabilities. Four other plaintiffs have since joined with age discrimination allegations. Together, the plaintiffs, all over the age of 40, claim that they submitted hundreds of job applications through Workday and were rejected each time — sometimes within minutes or hours. They blame Workday's algorithm, which they claim 'disproportionately disqualifies individuals over the age of forty (40) from securing gainful employment' when it screens and ranks applicants, court documents state. Judge Rita Lin's Friday preliminary order will allow the case to proceed as a collective action suit — similar to a class action. AI tools can help HR professionals manage the influx of hundreds of applications they receive — some of which may have been created using AI. But experts worry about the technology deciding which candidates are 'most qualified' because AI can contain biases that may prevent people from getting hired based on their age, gender, race or other characteristics. ...Apple Podcasts Spotify Pandora TuneIn iHeart Radio Amazon RSS The American Civil Liberties Union, for example, has warned that AI hiring tools 'pose an enormous danger of exacerbating existing discrimination in the workplace.' In one prominent case in 2018, Amazon did away with an automated job candidate ranking tool after it found the system favored male applicants over women. Still, Workday has denied the claims that its technology is discriminatory. In a statement, a Workday spokesperson noted that the Friday order is a 'preliminary, procedural ruling … that relies on allegations, not evidence.' 'We continue to believe this case is without merit,' the spokesperson said. 'We're confident that once Workday is permitted to defend itself with the facts, the plaintiff's claims will be dismissed.' Used by over 11,000 organizations worldwide, Workday provides a platform for companies to post open jobs, recruit candidates and manage the hiring process; millions of open jobs are listed with its technology each month. It also offers a service called 'HiredScore AI,' which it says uses 'responsible AI' to grade top candidates and cut down the time recruiters spend screening applications. In a court filing opposing the lawsuit's allegations, Workday claims that it does not screen prospective employees for customers and that its technology does not make hiring decisions. But Mobley claims that he was rejected time and again — often without being offered an interview — despite having graduated cum laude from Morehouse College and his nearly decade of experience in financial, IT and customer service jobs. In one instance, he submitted a job application at 12:55 a.m. and received a rejection notice less than an hour later at 1:50 a.m., according to court documents. Another plaintiff, Jill Hughes, said she similarly received automated rejections for hundreds of roles 'often received within a few hours of applying or at odd times outside of business hours … indicating a human did not review the applications,' court documents state. In some cases, she claims those rejection emails erroneously stated that she did not meet the minimum requirements for the role. 'Algorithmic decision-making and data analytics are not, and should not be assumed to be, race neutral, disability neutral, or age neutral,' Mobley's original complaint states. 'Too often, they reinforce and even exacerbate historical and existing discrimination.' Experts say AI hiring tools can demonstrate bias even if companies never instruct them to favor certain categories of people over others. These systems are often trained on the resumes or profiles of existing employees — but if a company's existing workforce is largely male or white, the technology could inadvertently infer that the most successful candidates should share those characteristics. Hilke Schellmann, author of the book 'The Algorithm' about the use of AI in hiring, who is not involved in the Workday lawsuit, recounted a situation in which a different resume evaluation tool awarded more points to resumes with the word 'baseball' over ones that listed 'softball.' 'It was some random job that had nothing to do with sports and probably what happens is that of the resumes the parser analyzed, maybe there were a bunch of people who had 'baseball' on their resume and the tool did a statistical analysis and found out, yeah, it's totally significant,' Schellmann said on CNN's Terms of Service podcast earlier this year. The AI 'wouldn't understand, 'wait a second, baseball has nothing to do with the job,'' she said. Mobley's complaint alleges that Workday's technology works in a similar way. 'If Workday's algorithmic decision-making tools observe that a client-employer disfavors certain candidates who are members of a protected class, it will decrease the rate at which it recommends those candidates,' the complaint states. Lin's Friday order will allow Mobley's lawyers to notify other people who may have similar discrimination claims against Workday and allow them to join the suit. However, Workday can still ask the court to handle the claims individually, rather than as a group. The lawsuit is seeking unspecified monetary damages, as well as a court order requiring the company to change its practices.
