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Employment Discrimination › Age Discrimination in Employment Act › Disparate Impact

Dickinson Wright

AI on Trial: Implications of the Workday Lawsuit for Automated Hiring

Dickinson Wright on

Artificial intelligence continues revolutionizing HR and talent acquisition, promising efficiency and scalability in hiring processes. However, as a recent lawsuit against Workday shows, automation does not absolve employers...more

Holland & Knight LLP

Federal Court Allows Collective Action Lawsuit Over Alleged AI Hiring Bias

Holland & Knight LLP on

Derek Mobley, a man over 40 years old, sued Workday Inc. claiming that Workday's artificial intelligence (AI)-driven applicant screening tools have systematically disadvantaged him and other older job seekers. Mobley...more

Fisher Phillips

Discrimination Lawsuit Over Workday’s AI Hiring Tools Can Proceed as Class Action: 6 Things Employers Should Do After Latest Court...

Fisher Phillips on

A federal judge just allowed a job applicant’s lawsuit against Workday to move forward as a nationwide class action, ruling that the company’s AI-powered hiring tools may have had a discriminatory impact on applicants over...more

Saul Ewing LLP

New Executive Order Limits EEOC Enforcement

Saul Ewing LLP on

On April 23, 2025, President Trump signed an Executive Order instructing federal agencies to “deprioritize” enforcement of disparate-impact discrimination claims (the “EO”)....more

Epstein Becker & Green

California District Court Rules That Software Vendor Is Subject to Title VII, the ADA, the ADEA

Epstein Becker & Green on

On July 12, 2024, in a keenly awaited decision, the U.S. District Court for the Northern District of California determined that Workday, Inc. (“Workday”), a provider of AI-infused human resources (HR) software, can be held...more

Akerman LLP - HR Defense

Employers: Prepare Now for Recession-Based Layoffs

Akerman LLP - HR Defense on

With many economic experts predicting that the U.S. will enter a recession in the near future, employers are preparing for the possibility of significant layoffs. Before making cuts, companies – especially those with remote...more

Troutman Pepper Locke

U.S. Supreme Court Declined to Hear Appeal Challenging Whether External Job Applicants Can Claim “Disparate Impact” Under ADEA

Troutman Pepper Locke on

Q.  I heard that job postings which impose a maximum experience requirement for external applicants may not violate certain provisions of the ADEA, at least in certain Circuits. Is that true?...more

Cozen O'Connor

Seventh Circuit Locks External Applicants Out of ADEA Disparate Impact Claims

Cozen O'Connor on

It is not uncommon for a job posting state that the ideal candidate is a person with a certain number of years of relevant experience. ...more

Husch Blackwell LLP

Seventh Circuit Denies Right Of Outside Job Applicants To Claim Disparate Impact Discrimination Under ADEA

Husch Blackwell LLP on

On January 23, 2019, the 7th U.S. Circuit Court of Appeals, sitting en banc, carved out a narrow exclusion from the Age Discrimination in Employment Act (ADEA) holding that the ADEA does not protect outside job applicants...more

Amundsen Davis LLC

Revival Of Age Discrimination Lawsuit A Warning To Employers

Amundsen Davis LLC on

At age 58, Dale Kleber was an out of work experienced attorney searching for full-time employment. He applied for a position as a “Senior Counsel, Procedural Solutions” that required the ability to assume complex business...more

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