All platforms
OtherWorkdayLaunched 2005Website

Workday

Workday has been named in 4 documented digital harm incidents. The most common harm domain is Algorithmic Discrimination.

4
Incidents
0
Fatalities
0
Minors involved
Financial harm

Documented Incidents

4
Aug 4, 2025·Michigan, USA

Harper v. Sirius XM AI Hiring Discrimination Lawsuit

On August 4, 2025, plaintiff Arshon Harper filed a class‑action suit in the U.S. District Court for the Eastern District of Michigan against Sirius XM Radio, alleging that the company’s AI‑driven applicant screening tool systematically rejected Black candidates. The complaint cites 149 out of 150 of Harper’s applications being denied after the tool used proxies such as zip codes and schools, constituting disparate treatment and impact under Title VII. The lawsuit seeks class certification for other Black applicants rejected since January 2024 and aims to halt the use of the discriminatory AI system. It adds to a growing wave of litigation targeting algorithmic decision‑making in employment.

Algorithmic Discrimination
May 16, 2025·United States

Workday AI Hiring Discrimination Class Action Allowed to Proceed

A U.S. District Judge in the Northern District of California denied Workday Inc.'s motion to dismiss a nationwide collective action alleging that its AI‑driven hiring tool discriminates against older Black applicants. Plaintiff Derek Mobley, a Black man over 40, claims he was rejected from over 100 job applications that used Workday's AI screening. The court granted preliminary certification of a class covering all applicants over 40 denied recommendations by Workday's system since September 2020. The ruling marks the first major legal challenge to AI‑based hiring decisions and could set precedent for holding AI providers liable for discriminatory outcomes.

Algorithmic Discrimination
Mar 19, 2025·Colorado, USA

ACLU Files Discrimination Complaint Against HireVue AI Interview Tool Over Deaf Indigenous Applicant

On March 19, 2025, the ACLU of Colorado filed a discrimination complaint with the EEOC and the Colorado Civil Rights Division against Intuit and its AI vendor HireVue. The complaint alleges that HireVue’s video interview platform is inaccessible to deaf users and yields worse outcomes for non‑white speakers, violating Title VII, the ADA, and state anti‑discrimination laws. The filing highlights growing regulatory scrutiny of AI‑driven hiring tools and potential liability for companies that deploy biased algorithms.

Algorithmic Discrimination
May 31, 2024·California

Workday Hit With Lawsuit Claiming Its AI Shuts Out Black, Disabled And Older Jobseekers - International Business Times UK

Workday, a provider of HR software, is facing a collective action lawsuit alleging that its AI-based job-screening system discriminates against Black, disabled, and older jobseekers. The lawsuit, filed in California, was expanded into a collective action following a ruling by a district judge in late 2025. The plaintiffs, including Derek Mobley and four others over the age of 40, claim they were repeatedly rejected from hundreds of job applications through Workday’s platform, often within minutes of applying. Court filings allege that the AI disproportionately disqualifies individuals over 40 and reinforces existing biases by learning from historical hiring data. Workday denies the claims, calling the ruling preliminary and based on allegations rather than evidence. The case has drawn attention from civil rights advocates and could set legal precedents for AI accountability in hiring.

Algorithmic DiscriminationHiring Bias

Linked Legislation

14
SB 719 — Department Of Technology: Inventory: High-Risk Automated Decision Systems
California
AB 2148 — Local Educational Agency Employees: Public Postsecondary Education Employees: Artificial Intelligence, Automated Decision Systems, And Educational Technology: Discipline
California
SB 6120 — Regulating High-Risk Artificial Intelligence System Development, Deployment, And Use
Washington
H 792 — An Act Relating To Liability Standards For Developers And Deployers Of Artificial Intelligence Systems
Vermont
H 341 — An Act Relating To Creating Oversight And Safety Standards For Developers And Deployers Of Inherently Dangerous Artificial Intelligence Systems
Vermont
S 8706 — Requires Covered Businesses To Annually Report To The Department Of Labor Regarding The Impact Of Artificial Intelligence On Hiring And The Nature Of Artificial Intelligence Use
New York
S 8928 — Enacts The Artificial Intelligence Workforce Impact Transparency Act
New York
A 9581 — Requires Covered Businesses To Annually Report To The Department Of Labor Regarding The Impact Of Artificial Intelligence On Hiring And The Nature Of Artificial Intelligence Use
New York
A 7278 — Prohibits The Use Of Certain Artificial Intelligence Models
New York
A 8833 — Establishes Understanding Artificial Intelligence Responsibility Act
New York
AB 1405 — Artificial Intelligence: Auditors: Enrollment
California
SB 5356 — Establishing Guidelines For Government Procurement And Use Of Automated Decision Systems In Order To Protect Consumers, Improve Transparency, And Create More Market Predictability
Washington
SB 1161 — Artificial Intelligence Transparency Act
Virginia
AB 2027 — Worker Data: Prohibitions: Artificial Intelligence
California

By Harm Domain

Algorithmic Discrimination4