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Labor and employment associate Catie Wheatley co-authored an article titled “AI on Trial: Mobley v. Workday and the Future of Employment Law” for Louisville Bar Association’s Bar Briefs. Wheatley is the Vice-Chair of the LBA Labor and Employment Law Section.
The article discusses Mobley v. Workday, Inc., one of the first major court challenges to the use of algorithmic hiring tools under federal employment discrimination laws.
The authors note how this case is not just about artificial intelligence or one lawsuit against one platform. There are potentially far-ranging implications regarding employment discrimination claims premised on novel theories of agency and disparate impact. The allegations in Mobley and early rulings are a reminder that employers face exposure from its vendors and AI tools that disproportionately harm protected groups, even absent malice or bias from the employer and its hiring managers.
The article concludes by emphasizing that human oversight, thorough documentation, and transparency in the hiring process are now more crucial than ever.
