Litigation risks increase as more employers use AI tools in hiring process

The use of artificial intelligence (AI) in employment decision-making has continued to rise since its inception. Nowhere is this more evident than in hiring decisions. Employers have used AI to help screen résumés, schedule candidate interviews, and answer questions from applicants. But using AI in employment decision-making doesn’t come without risks, as recent litigation trends continue to show.

Collective action lawsuit based on AI use

Mobley v. Workday is the most recent example of the potential legal risks that may arise from using AI in making employment decisions. Derek Mobley alleged that Workday’s AI-based applicant screening tools discriminated against him based on a variety of protected characteristics, including age. More specifically, he alleged that Workday’s screening tools, which review and interpret applicants’ qualifications for a position and can automatically reject applications based on the review, caused him to be rejected from more than 100 jobs.