Mobley v. Workday, Inc. — AI Hiring Tool Discrimination Collective Action (N.D. Cal.)
United States · Mobley v. Workday, Inc., No. 3:23-cv-00770 (N.D. Cal.)
Derek Mobley's collective action suit in federal court alleges that Workday's AI hiring and screening tools systematically discriminated against Black, disabled, and older job applicants — denying him hundreds of opportunities. As of June 2026, the case has survived multiple dismissal motions; a court authorized notice to class members in February 2026 (March 7 opt-in deadline), and the court rejected Workday's argument that older workers can't be 'applicants' under the ADEA. The case is in discovery and could establish landmark precedent on AI vendor liability.
Technical detail
Mobley v. Workday, Inc., No. 3:23-cv-00770 (N.D. Cal.): Title VII, ADA, and ADEA claims against Workday's Candidate Skills Match and HiredScore AI tools; plaintiff argues Workday is an 'employment agency' or 'agent' under federal civil-rights law. Feb. 2026: court conditionally certified collective, authorized notice; March 7, 2026 opt-in deadline. March 6, 2026: court denied motion to dismiss ADEA applicant-definition argument. March 30, 2026: amended complaint filed reasserting dismissed California state claims. Case in discovery as of June 2026.
Who is protected: Job applicants screened and rejected by AI-powered applicant tracking and scoring tools
Who must comply: AI-screening software vendors who exercise employer-like control over hiring (issue being litigated); employers using such tools
Key facts
| Jurisdiction | United States |
|---|---|
| Level | Federal |
| Status | Blocked / in litigation |
| Protection strength | Limited protection |
| Citation | Mobley v. Workday, Inc., No. 3:23-cv-00770 (N.D. Cal.) |
| Enforced by | Federal courts via private collective and class actions; EEOC (not involved in this specific case) |
| Private right of action | Yes — individuals can sue |
| Penalties | If plaintiffs prevail: back pay, reinstatement, compensatory/punitive damages; ADEA liquidated damages; attorney's fees |
| Topics | AI hiring and employment · automated decision-making |
| Last verified | 2026-07-21 |
| Official source | Mobley v. Workday, Inc. (N.D. Cal., 3:23-cv-00770) — CourtListener docket ↗ |
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