Workday Must Face Claims That Its AI Hiring Tools Discriminated Against Black Applicants, Disabled Workers, Women, and People Over 40

A federal judge ruled Workday must face discrimination claims that its AI hiring tools screened out Black applicants, disabled workers, and women.

A federal judge has ruled that Workday must face claims that its AI-powered hiring software discriminated against Black job seekers, disabled applicants, women, and people over the age of 40, a decision that could reshape how the entire tech industry thinks about automated hiring tools.

U.S. District Judge Rita Lin in San Francisco rejected Workday’s argument that California’s anti-discrimination laws do not apply when it screens applicants based outside California who are applying for jobs in other states and countries.

The ruling, issued Monday, June 22, does not mean Workday has been found liable, but it keeps one of the most closely watched cases in the history of AI regulation alive, and the implications stretch well beyond one company.

The case, Mobley v. Workday, began with a single applicant. Derek Mobley, a Black, disabled man over the age of 40, filed the lawsuit in 2023, alleging that Workday’s algorithmic screening tools discriminated against him as he applied for more than 100 positions on the platform without being hired for a single one.

Mobley and other plaintiffs alleged their applications were rejected within minutes of submission, a pattern suggesting automated filtering rather than human review. The claims alleged discrimination prohibited by several federal and California statutes, including race and sex under the Civil Rights Act of 1964, disability under the Americans with Disabilities Act, age under the Age Discrimination in Employment Act, and race, gender, and age under California’s Fair Employment and Housing Act.

The court also refused to dismiss a claim alleging that Workday’s software may inadvertently screen out job applicants based on proxy indicators of disabilities or illness, such as gaps in employment history, directly addressing potential violations of the Americans with Disabilities Act. A claim that Workday’s software discriminated against Asian American job applicants was dismissed, with the judge ruling that the plaintiffs did not follow proper procedure to add it to the lawsuit.

Workday has maintained throughout that its tools don’t make hiring decisions, that they simply match résumé keywords to employer-set qualifications and score candidates, with final decisions left to the employers themselves. Judge Lin has already refused to let that framing end the case, signaling that if a product ranks, scores, recommends, screens, or helps reject candidates, it is not simply a neutral tool; it is sitting inside the hiring process, and courts are now asking whether that position carries civil rights obligations of its own.

The ruling puts the entire AI hiring industry on notice. If Workday can be held liable for the discriminatory outcomes of its tools, every platform that scores, ranks, or filters job applicants faces the same exposure.

The question the industry now has to answer isn’t just whether their AI works, it’s whether it’s fair. And for Black applicants, disabled workers, women, and people over 40 who have been quietly filtered out by algorithms they never knew existed, this case is the first real moment the legal system has stepped in to ask that question out loud.