Court Grants Conditional Certification in AI Bias Lawsuit Against Workday
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A landmark AI discrimination lawsuit against Workday, Inc. is moving forward, with the court granting conditional certification for Age Discrimination in Employment Act (ADEA) claims on behalf of what could be one of the largest collectives ever certified. The case raises major questions about the role of artificial intelligence in employment decisions.
Case: Mobley v. Workday, Inc.
Court: N.D. Cal.
Case No.: 23-cv-00770-RFL
The Plaintiff: Mobley v. Workday, Inc.
The plaintiff, Mobley, alleges that Workday’s AI-powered applicant recommendation system unlawfully discriminated against job seekers. According to the complaint, the AI-powered system discriminated based on race, age, and disability, which violates federal anti-discrimination laws. Mobley asserts that the AI tool design reflected employer biases and relied on biased training data that led to systemic exclusions of certain applicants.
The Defendant: Mobley v. Workday, Inc.
Workday, Inc., a major HR management services provider, offers widely used AI tools for scoring, sorting, ranking, and screening job applicants. Although Workday was not an employer or prospective employer of Mobley or the putative class, the plaintiff contends that the company may be liable as an “agent” for allegedly discriminatory hiring practices facilitated by its technology.
History of the Case: Mobley v. Workday, Inc.
In July 2024, the Northern District of California denied Workday’s second motion to dismiss, allowing Mobley’s claims to proceed. On May 16, 2025, the court granted conditional certification for the ADEA claims, finding that Mobley sufficiently alleged a unified policy in the form of Workday’s AI applicant screening system. Workday argued that different employer-clients’ use of the tools and varied applicant qualifications made collective treatment inappropriate, but the court ruled those differences immaterial for certification purposes.
The Main Question in the Case: Mobley v. Workday, Inc.
The key question is whether Workday’s AI applicant screening system, as designed and deployed, had a discriminatory impact on job applicants—particularly older applicants—and whether the company can be held liable under federal anti-discrimination laws despite not being a direct employer.
FAQ: Mobley v. Workday, Inc.
Q: What law is central to this case?
A: The Age Discrimination in Employment Act (ADEA), a law that prohibits employment discrimination against individuals age 40 and older.
Q: How large could the collective be?
A: Workday has stated that 1.1 billion applications were rejected using its software during the relevant period, meaning “hundreds of millions” of job seekers could be part of the collective.
Q: Why is this case significant?
A: It is one of the first major court tests of AI-driven hiring tools, raising critical questions about bias, accountability, and liability in the use of automated systems for employment decisions.
If you believe you have been denied employment due to discrimination; whether by a potential employer or because of biased hiring technology—you should speak with an experienced employment discrimination attorney as soon as possible. Contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP today. Our knowledgeable attorneys can help protect your rights, with offices serving clients in Riverside, San Francisco, Sacramento, San Diego, Los Angeles, and Chicago.
