Is Workday liable for discrimination if its ranks candidates?

There’s been a lot of talk in the TA tech space about the Mobley vs Workday lawsuit. Mobley, a Black man, alleges that he was discriminated against by Workday’s AI-powered ranking system as it caused him to be rejected by 100+ employers who use the Workday ATS.

Cohosts Steven Rothberg of College Recruiter and Jeanette Leeds are joined for this special episode by John Sumser, VP of Marketing for Salary.com and one of the world’s foremost experts in AI for HR tech, and Heather Bussing, an employment lawyer, law professor, analyst, writer, editor, and author of the book, “Get Pay Right: How to Achieve Pay Equity that Works“.

Do all ATS rank candidates so some are effectively or actually rejected by the software? No, but some do. Does that create legal liability for the employer and TA tech vendor? Possibly. Is the lawsuit and the position taken on it by the EEOC the end of the story? Probably not, as it seems to be only the beginning.