Workday AI Bias Case Tests EEOC Definition of Employment Agency

The EEOC’s decision to file a brief in support of a plaintiff who alleged Workday Inc.’s artificial intelligence-based hiring tools discriminated against him and other job seekers has sparked widespread skepticism about the agency’s position that software vendors, rather than just employers, can be liable in these bias cases.

The US Equal Employment Opportunity Commission has said targeting AI-related discriminatory recruitment and hiring practices is high on its enforcement priority list, and has brought at least one lawsuit over the technology, in addition to issuing a technical assistance document for employers. However, its efforts to prove AI tool vendors are ...