EPISODE · Jul 29, 2026 · 54 MIN
127. Is Workday’s AI Making Biased Hiring Decisions?
from Crazy Together · host Marcus & Esme O’Kayvius
This episode is dedicated to anyone who has submitted a job application through Workday. Marcus and Esme want you to know they see you. All 100,000 or 500,000 or several million of you (it’s difficult to say exactly how many people have used the platform, but it’s safe to say it’s a lot). Workday, Inc is currently at the center of a federal class action suit. Plaintiffs allege that its AI-driven hiring software is discriminating against job applicants based on protected characteristics such as race, age, and disability. The lawsuit could redefine how courts treat algorithmic hiring, potentially holding tech vendors and employers accountable for bias built into AI systems. Naturally, since the platform is allegedly targeting people with “mental disabilities” (among others), Marcus and Esme think it’s a really important story to share with their listeners. As such, they walk through the lawsuit to the best of their abilities (for educational and entertainment purposes!) and describe how “proxy indicators” and personality tests are allegedly being used to filter out protected groups without explicitly asking for a candidate's age or medical history. Speaking of personality tests . . . Marcus and Esme inform and/or remind their listeners that they actually discussed the use of these assessments in job hiring platforms in Episodes 31 and 32 (a.k.a. Business Horoscopes: Parts I and II). They invite their audience to go back to those episodes for a deeper dive into the failings of personality tests to accurately predict job performance among applicants. Visit our website: crazytogetherpod.com Contact us: https://www.crazytogetherpod.com/contact Sources for this episode include: Wilson, Quinn. “Workday Loses Bid to Toss AI Discrimination Suit in California.” Bloomberg Law, 22 June 2026. https://news.bloomberglaw.com/litigation/workday-loses-bid-to-toss-ai-discrimination-suit-in-california Shumway, Emilie. “Workday Can’t Shake California AI Discrimination Claims.” Yahoo Finance, 23 June 2026. https://finance.yahoo.com/technology/ai/articles/workday-t-shake-california-ai-164200851.html Cowley, Stacy. “Job Applicants Sue A.I. Recruitment Tool Company.” The New York Times, 21 Jan. 2026. https://www.nytimes.com/2026/01/21/business/ai-hiring-tools-lawsuit-eightfold-fcra.html. Fellows, Sunshine. “The Workday AI Litigation Moves Forward: What Employers Should Learn Before the Courts Decide Vendor Liability.” Freeman Mathis & Gary, 2 July 2026. https://www.fmglaw.com/employment-law-blog-us/the-workday-ai-litigation-moves-forward-what-employers-should-learn-before-the-courts-decide-vendor-liability. Edmondson, Elizabeth. “Emerging Liability for AI-Driven Hiring Tools: Key Developments in Mobley v. Workday, Inc.” Maynard Nexsen, 23 Apr. 2026. https://www.maynardnexsen.com/publication-emerging-liability-for-ai-driven-hiring-tools-key-developments-in-mobley-v-workday-inc “Mobley v. Workday: 1.1 Billion Rejected Applications Put AI Hiring Under the Microscope.” AI HR Institute, 2026 https://www.aihr-institute.com/mobley-v-workday-11-billion-rejected-applications-put-ai-hiring-under-the-microscope. Kang, Weixi, et al. "Big Five Personality Traits in the Workplace: Investigating Personality Differences between Employees, Supervisors, Managers, and Entrepreneurs." Frontiers in Psychology, vol. 14, 28 Mar. 2023, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10089283/. Hardy, Benjamin. “Personality Isn't Permanent—Or Is It? The Answer Is No.” Psychology Today, 12 June 2020, https://www.psychologytoday.com/ca/blog/quantum-leaps/202006/personality-isnt-permanent-or-is-it-the-answer-is-no. “1 in 6 Companies Are Hesitant To Hire Recent College Graduates.” Intelligent, 13 Sept. 2024. https://www.intelligent.com/1-in-6-companies-are-hesitant-to-hire-recent-college-graduates “New Hire Survey: Retention Hard When Job, Description Don’t Match.” HR Executive, 2024. https://hrexecutive.com/new-hire-satisfaction-plunges-when-jobs-dont-match-expectations. Our theme music Midnight—Declan DP [Audio Library Release] Music provided by Audio Library Plus Watch: • Midnight — Declan DP | Free Backgroun... Free Download / Stream: https://alplus.io/midnight-declan-dp
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This episode is dedicated to anyone who has submitted a job application through Workday. Marcus and Esme want you to know they see you. All 100,000 or 500,000 or several million of you (it’s difficult to say exactly how many people have used the platform, but it’s safe to say it’s a lot). Workday, Inc is currently at the center of a federal class action suit. Plaintiffs allege that its AI-driven hiring software is discriminating against job applicants based on protected characteristics such as race, age, and disability. The lawsuit could redefine how courts treat algorithmic hiring, potentially holding tech vendors and employers accountable for bias built into AI systems. Naturally, since the platform is allegedly targeting people with “mental disabilities” (among others), Marcus and Esme think it’s a really important story to share with their listeners. As such, they walk through the lawsuit to the best of their abilities (for educational and entertainment purposes!) and describe how “proxy indicators” and personality tests are allegedly being used to filter out protected groups without explicitly asking for a candidate’s age or medical history. Speaking of personality tests . . . Marcus and Esme inform and/or remind their listeners that they actually discussed the use of these assessments in job hiring platforms in Episodes 31 and 32 (a.k.a. Business Horoscopes: Parts I and II). They invite their audience to go back to those episodes for a deeper dive into the failings of personality tests to accurately predict job performance among applicants.
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127. Is Workday’s AI Making Biased Hiring Decisions?
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