The Northern District of California issued an eagerly awaited decision last month in Mobley v. Workday, Inc., where a job applicant claims that Workday’s artificial intelligence (AI) job applicant screening tools violate federal and California anti-discrimination laws. Workday moved to dismiss the claims, on the basis that it is not a covered employer under any of the applicable anti-discrimination laws, which the Court granted in part and denied in part. Specifically, the Court dismissed the plaintiff’s intentional discrimination claims and an aiding and abetting claim under California’s anti-discrimination law, but allowed disparate impact discrimination claims to proceed against Workday based on the argument that Workday was an “agent” of the employers to which the job applicant applied.
Owen Davis
Owen assists employers across industry sectors – from small businesses to Fortune 500 corporations – to identify changing workplace law at a local, state and federal level. He offers legal guidance on employment agreements, restrictive covenants, personnel policies and other human resources issues. Owen also represents employers before state and federal courts as well as administrative agencies on matters related to discrimination, retaliation, harassment, and wage and hour violations.
What Employers Need to Know About Colorado’s New AI Law
Colorado recently became the first state to regulate the use of high-risk artificial intelligence (AI) systems to prevent algorithmic discrimination by developers and deployers of AI systems. The Colorado AI Act is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability for algorithmic discrimination.
Colorado Employers Face January 1st Compliance Deadlines Under FAMLI
A reminder for all Colorado employers: you have one month until you begin collecting premiums under Colorado’s Family and Medical Leave Insurance Program (FAMLI). FAMLI is Colorado’s state-administered insurance program that will provide benefits to employees for some types of leave starting January 1, 2024. Premiums for employers with 10 or more employees nationwide are split…
California Legislature Fails to Extend CCPA Employee and B2B Data Exemptions
Businesses subject to the CCPA and that have California employees or deal with other California companies will need to engage in substantial efforts to update their privacy programs. We outline some of the necessary steps on Husch Blackwell’s Byte Back blog: https://www.bytebacklaw.com/2022/09/california-legislature-fails-to-extend-ccpa-employee-and-b2b-data-exemptions/#more-4025