Executive Summary
On May 16, 2025, U.S. District Judge Rita Lin of the Northern District of California granted preliminary certification of the case of Mobley v. Workday as a collective action. Specifically, the suit claims that Workday’s artificial intelligence (AI)–based applicant recommendation system unfairly discriminates against job seekers above the age of 40. The plaintiff claims that he was denied across multiple companies using the same system. The judge’s preliminary certification of the case by the judge as a collective action enables qualified individuals across the U.S. to opt in to the lawsuit.
Constellation believes that the case has no merit given that the AI system did not make the final decision on its own and that the same system used by different employers breaks the notion of a unified policy. Talent acquisition professionals work very differently at each organization. The implementation, configuration, policies, and practices can differ greatly at each employer. Ultimately, the employers in question should bear responsibility in hiring decisions when AI is programmed to uniquely meet the employers’ requirements. However, the issue of AI ethics should remain top of mind for employers and technology vendors, who must comply with regulatory requirements and applicable laws.
