A California-based human resources and technology company uses tools to screen applicants that disproportionately keep those who are Black, over the age of 40 or have disabilities from advancing through the hiring process, according to a lawsuit.

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The complaint, filed on Feb. 21 against Workday Inc., says that its “artificial intelligence systems” and screening tools use algorithms that were created by people with conscious and unconscious biases. As a result, the company’s screening system that recommends applicants to employers denies opportunities to people based on their race, age and disability, the lawsuit says.

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Derek Mobley, the plaintiff in the lawsuit, said that he applied for 80 to 100 positions with employers that use Workday for hiring and was “denied employment every time.” Mobley, who holds a bachelor’s degree in finance from Morehouse College, is Black, over the age of 40, and has anxiety and depression, the lawsuit says .

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A spokesperson for Workday said in a statement that the lawsuit was “without merit.”

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“At Workday, we’re committed to responsible AI,” the statement says. “Our decisions are guided by our AI ethics principles, which include amplifying human potential, positively impacting society, and championing transparency and fairness.”

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A Dec. 7 article on its website about “ethical AI” says that the company uses the technology to help improve the lives of its clients without taking away their power.

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“Our technologies are designed to help reduce error and tedious work while improving user productivity and decision-making,” says the article, which was written by the company’s head of machine learning trust, Kelly Trindel. “We focus on improving and developing people’s capabilities and experiences, and leverage a ’human-in-the-loop’ approach to enable end-user control over ultimate decisions.”

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The company is based in Pleasanton, about 45 miles southeast of San Francisco.

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Mobley filed a charge of discrimination against Workday with the U.S. Equal Employment Opportunity Commission in June 2021, the lawsuit says. The agency issued him a dismissal and “notice of right to sue” on Nov. 22, the lawsuit says.

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The lawsuit says that Workday’s “practice of illegal discrimination on the basis of race, age, and disability” violates Title VII of the Civil Rights Act, which “prohibits employment discrimination based on race, color, religion, sex and national origin.” Workday has also violated the Age Discrimination Employment Act and the Americans with Disabilities Act Amendments Act, the lawsuit says.

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The complaint lists class action allegations and seeks to represent applicants who are Black, over the age of 40, and/or have disabilities who have not been referred for jobs or hired since June 3, 2019, because of Workday’s “challenged discriminatory screening process,” the lawsuit says.

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The lawsuit seeks a “permanent injunction” against Workday and a commitment by the company to reform its screening tools so that members of the class will be able to “compete fairly in the future for jobs.” It also seeks back pay, front pay and other compensatory damages for people represented in the class as well as attorneys fees. An amount has not been specified.

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This story was originally published March 7, 2023 8:50 am.