Substantive AI Litigation · November 2026
Mobley v. Workday, Inc.
In suit over AI hiring screens, court holds Workday’s bias-testing data privileged but orders EEO-1 discovery.
No. 23-cv-00770-RFL (LB) (N.D. Cal. May 28, 2026)
Plaintiffs allege that Workday’s AI screening system is more likely to deny applicants who are African American, disabled, or over forty years old. Plaintiffs sought discovery of data from “bias-testing” conducted by Workday of its screening system, but Workday argued that such data was collected at the direction and under the guidance of legal counsel and was privileged.
The Northern District of California agreed with Workday, finding that the bias-testing data was privileged because its attorneys curated the data and used the results to give legal advice. The court did, however, order production of Workday’s EEO-1 and OFCCP documents as relevant to “Workday’s knowledge of potential demographic disparities when utilizing the AI tools.”