Ashlee Difuntorum was recently quoted in an HR Brew article titled “Workday’s AI lawsuit keeps spotlight on AI-powered recruiting as case works through courts.”
The article discusses the class action lawsuit Mobley v. Workday, which alleges algorithmic bias within Workday’s hiring software. The question is whether Workday’s AI hiring system impacted applicants based on age, race, and other factors. If so, this will demonstrate discrimination practices against applicants who are protected by Title VII of the Civil Rights Act and those protections ordered by the California Fair Employment and Housing Act (FEHA).
Last month, a US District Court judge for the Northern District of California denied Workday’s motion to dismiss portions of the suit which claim the software violated FEHA. The ruling emphasizes the “nexus” to California, even if not all plaintiffs are California residents.
Ashlee notes the distinctive factors of this suit, telling HR Brew, “This is actually somewhat of a unique case because it’s going after the vendor,” she said.
She continues by urging HR leaders to cautiously evaluate a vendor prior to proceeding with its AI hiring systems or any of its employment selection tools.
“Understand, as the employer, who you’re contracting with, what their systems are, how it operates, how they’re working to be cognizant of this very real reality and risk of there being discriminatory impact from the processes, and asking the questions, understanding what those vendors are doing to try to prevent that, and then of course including that in the vendor agreement, so that everyone’s on the same page,” she concludes.
Read more in HR Brew.
