Secure Autonomous
FeedbackGet alertsCheck a deployment
Register › REG-0020 › evidence

Mobley v. Workday: a court allows the claim that a screening vendor acts as the employers' agent, 2024 to 2026

The typed evidence object. This is the working store; the case page is the reader's form.

Layer / facetValueTypeSourcesConf.
Mandate: principalEmployers using Workday's tools; the question before the court is whether Workday is their agentfactMobley v. Workday, Inc., No. 3:23-cv-00770-RFL (N.D. Cal.), Dkt. 80, Order Granting in Part and Denying in Part Motion to Dismiss (Judge Rita F. Lin), filed 07/12/24high
Mandate: objectiveScreen and rank applicants (as alleged)assertionMobley v. Workday, Inc., No. 3:23-cv-00770-RFL (N.D. Cal.), Dkt. 80, Order Granting in Part and Denying in Part Motion to Dismiss (Judge Rita F. Lin), filed 07/12/24high
ActorWorkday's automated screening tools, as alleged by the plaintiffassertionMobley v. Workday, Inc., No. 3:23-cv-00770-RFL (N.D. Cal.), Dkt. 80, Order Granting in Part and Denying in Part Motion to Dismiss (Judge Rita F. Lin), filed 07/12/24high
InputsApplications; the plaintiff, over 40, alleges more than a hundred rejections through Workday-powered systemsassertionMobley v. Workday, Inc., No. 3:23-cv-00770-RFL (N.D. Cal.), Dkt. 80, Order Granting in Part and Denying in Part Motion to Dismiss (Judge Rita F. Lin), filed 07/12/24high
DecisionAlleged disparate impact by age, race, and disability in the screening; since January 2026 the amended complaint also alleges disparate impact by genderassertionMobley v. Workday, Inc., No. 3:23-cv-00770-RFL (N.D. Cal.), Dkt. 80, Order Granting in Part and Denying in Part Motion to Dismiss (Judge Rita F. Lin), filed 07/12/24; Mobley v. Workday, Inc., No. 23-cv-00770-RFL (N.D. Cal.), Dkt. 267, Order Granting Motion for Leave to File Amicus Brief and Granting in Part and Denying in Part Motion to Dismiss and to Strike (Judge Rita F. Lin), filed 03/06/26 (copy hosted by Courthouse News)medium
EnvelopeNo applicable restriction on what the screening could weigh is allegedinterpretationMobley v. Workday, Inc., No. 3:23-cv-00770-RFL (N.D. Cal.), Dkt. 80, Order Granting in Part and Denying in Part Motion to Dismiss (Judge Rita F. Lin), filed 07/12/24medium
ActionRejections issued through the systemsassertionMobley v. Workday, Inc., No. 3:23-cv-00770-RFL (N.D. Cal.), Dkt. 80, Order Granting in Part and Denying in Part Motion to Dismiss (Judge Rita F. Lin), filed 07/12/24medium
OutcomeState: alleged harm. Preliminary collective certification in May 2025 of the age-discrimination claim, for applicants aged 40 and over who applied through Workday's platform since 24 September 2020 and were denied recommendations; in July 2025 the court held that, at this preliminary stage, the collective also includes applicants scored, sorted, ranked or screened with Workday's HiredScore features; the merits are untested.factMobley v. Workday, N.D. Cal., Dkt. 128, Order Granting Preliminary Collective Certification, 16 May 2025; Mobley v. Workday, Inc., No. 3:23-cv-00770-RFL (N.D. Cal.), Dkt. 158, Order re HiredScore Dispute (Judge Rita F. Lin), filed 07/29/25high
Evidence: eventCourt orders; the Equal Employment Opportunity Commission's friend-of-the-court (amicus) brief of 9 April 2024 argued Workday could be covered as an employment agency, an indirect employer, or an agent of employers, and took no position on the accuracy of the allegations; the court accepted the agent theory, rejected the employment-agency theory and did not reach the indirect-employer theoryfactMobley v. Workday, Inc., No. 3:23-cv-00770-RFL (N.D. Cal.), Dkt. 80, Order Granting in Part and Denying in Part Motion to Dismiss (Judge Rita F. Lin), filed 07/12/24; Mobley v. Workday, N.D. Cal., Dkt. 128, Order Granting Preliminary Collective Certification, 16 May 2025; EEOC amicus brief in Mobley v. Workday, N.D. Cal., Dkt. 60-1, 9 April 2024high
Recovery: accountabilityIn July 2024 the court held the plaintiff had plausibly alleged that Workday acted as the employers' agent, performing a function employers traditionally perform; it dismissed the employment-agency theory and the intentional-discrimination claims, leaving the agent theory and the disparate-impact claims; it did not reach the indirect-employer theory, and dismissed the state-law aiding-and-abetting claim with leave to amendfactMobley v. Workday, Inc., No. 3:23-cv-00770-RFL (N.D. Cal.), Dkt. 80, Order Granting in Part and Denying in Part Motion to Dismiss (Judge Rita F. Lin), filed 07/12/24high

Controls

StatusControlCanonical

Unmapped

Inference

inference Read with the Air Canada case (REG-0010), this one suggests a working rule: delegating to a system does not move responsibility off the company that delegated, and may extend it to the vendor that performs the function. The court stated the first part as existing law, since no employer is a party, and at the pleading stage allowed the claim that the vendor is the employers' agent, whether software or a person does the screening. There is no finding that the tools discriminate; the vendor contests the claims, which are still pending.

Sources

IDRecordTypeLink
NDCALMobley v. Workday, Inc., No. 3:23-cv-00770-RFL (N.D. Cal.), Dkt. 80, Order Granting in Part and Denying in Part Motion to Dismiss (Judge Rita F. Lin), filed 07/12/24court
primary record
storage.courtlistener.com ↗
checked 2026-10-20
NDCAL-MAY25Mobley v. Workday, N.D. Cal., Dkt. 128, Order Granting Preliminary Collective Certification, 16 May 2025court
primary record
govinfo.gov ↗
checked 2026-10-20
EEOCEEOC amicus brief in Mobley v. Workday, N.D. Cal., Dkt. 60-1, 9 April 2024regulator
primary record
eeoc.gov ↗
checked 2026-10-20
NDCAL-JUL25Mobley v. Workday, Inc., No. 3:23-cv-00770-RFL (N.D. Cal.), Dkt. 158, Order re HiredScore Dispute (Judge Rita F. Lin), filed 07/29/25court
primary record
storage.courtlistener.com ↗
checked 2026-10-20
NDCAL-MAR26Mobley v. Workday, Inc., No. 23-cv-00770-RFL (N.D. Cal.), Dkt. 267, Order Granting Motion for Leave to File Amicus Brief and Granting in Part and Denying in Part Motion to Dismiss and to Strike (Judge Rita F. Lin), filed 03/06/26 (copy hosted by Courthouse News)court
primary record
courthousenews.com ↗
checked 2026-10-20
NDCAL-JUL26Mobley v. Workday, Inc., No. 23-cv-00770-RFL (N.D. Cal.), Order Granting Motion to Change Time (Judge Rita F. Lin), 13 July 2026 (FindLaw copy)court
primary record
caselaw.findlaw.com ↗
checked 2026-10-20
LAWYERMONTHLYLawyer Monthly, 'Workday Faces Class Bid Over AI Hiring Bias Claims' (Matt Johnson), 21 September 2026press pointer
secondary: press report
lawyer-monthly.com ↗
checked 2026-10-20

Help shape the Register

A person reads every answer; changes it leads to are logged in the methodology. To dispute a claim or reply for a named company, use Respond, dispute, or submit.

Did this page help with what you came to do?