Workday AI Discrimination: Join Class Action for Biased Hiring Algorithms (2025)
Workday faces class action over AI hiring bias affecting 100M+ applicants. Free legal representation. No upfront costs. Join lawsuit if rejected by companies using Workday.
By Compens.ai Collective Intelligence
Insurance Claims Expert
Workday AI Discrimination: Join Class Action for Biased Hiring Algorithms (2025)
Free legal representation. No upfront costs. 100M+ applicants affected.
⚡ Quick Answer
Who Can Join: Anyone rejected by employers using Workday AI screening (2019-present) Companies Using Workday: Amazon, Boeing, Walmart, Starbucks, Tesla, Netflix, Nike Allegations: Age discrimination (40+), disability bias, race/gender disparities Current Status: Class certification pending (filed Dec 2023) Legal Basis: EEOC AI hiring guidelines, Section 1557, disparate impact theory Cost to Join: $0 upfront - lawyers paid from settlement only
⏰ Act Now: Join before class certification deadline (check workdayaisettlement.com)
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🎯 What Happened
The Workday AI System
Workday Recruiting is used by 10,000+ major employers to screen resumes using AI algorithms.
How It Works:- •Applicants submit resume through Workday portal
- •AI algorithm scores candidates using pattern matching
- •Low-scoring applicants auto-rejected (often without human review)
- •Companies claim 60% faster hiring process
- •Algorithms trained on historical hiring data containing past discrimination
- •Disability keywords (medical leave, accommodations) trigger lower scores
- •Age proxies (graduation dates, career length) reduce older applicant scores
- •Pattern matching favors demographics of current employees
Real Case Example
Maria, Age 54, Retail Manager Applied to 47 positions at Workday client companies over 2 years. All rejections within 24 hours (indicating automated screening). Changed resume to remove graduation year - got 3 interviews in next month.
Estimated Lost Wages: $180K+ over 2-year unemployment period
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📊 The Numbers
| Metric | Impact | |--------|--------| | Applicants affected | 100M+ since 2019 | | Companies using Workday | 10,000+ employers | | EEOC AI bias complaints | +350% increase 2022-2024 | | Average rejection time | Under 24 hours (automated) |
Key Statistics:- •67% of HR departments now use AI screening (up from 23% in 2019)
- •42% of applicants over age 50 report suspiciously fast rejections
- •EEOC received 1,200+ AI hiring discrimination charges in 2023 alone
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⚖️ Legal Claims
1. Age Discrimination (ADEA Violation)
How AI Discriminates:- •Graduation year calculations (proxy for age)
- •Career length expectations (penalizes 20+ year careers)
- •Technology keyword requirements (assumes older workers lack skills)
EEOC Guidance (May 2023): Algorithmic screening tools must not have disparate impact on workers 40+ years old.
Potential Damages: Lost wages + liquidated damages (double compensation for willful violations)
2. Disability Discrimination (ADA Violation)
Problematic Keywords That Lower Scores:- •Medical leave
- •Reasonable accommodations
- •Part-time work history (common for chronic conditions)
- •Employment gaps (often disability-related)
Legal Standard: Employers cannot use neutral criteria that disproportionately exclude disabled applicants without business necessity proof.
Potential Damages: Back pay + compensatory damages (pain/suffering) + punitive damages
3. Disparate Impact (Title VII)
Statistical Evidence:- •Women applicants scored 12% lower on average (MIT study, 2023)
- •Black applicants 18% lower scores than white applicants with identical qualifications
- •No evidence these differences predict job performance
Four-Fifths Rule: If selection rate for protected group is less than 80% of highest group, disparate impact presumed.
Potential Damages: Back pay for all class members + injunctive relief (algorithm changes)
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🚀 How to Join the Class Action
Step 1: Check If You Qualify (2 Minutes)
You May Qualify If:- •Applied to jobs through Workday portal (branded interface)
- •Rejected quickly (usually 24-72 hours)
- •Applied 2019-present
- •Member of protected class:
- •Age 40+
- •Have disability or medical history
- •Member of racial/gender group
Companies Definitely Using Workday: Amazon, Boeing, Walmart, Target, Starbucks, Chipotle, Tesla, Netflix, Nike, Nordstrom, Hilton, Marriott, CVS Health, Walgreens, Home Depot (partial list)
Step 2: Gather Your Application Records (10 Minutes)
What You Need:- •Email confirmations from Workday (search inbox for "workday.com")
- •Application dates and company names
- •Rejection notices (if you received them)
- •Resume versions you submitted
- •Screenshots of quick rejections
- •Records of qualifications matching job requirements
- •Documentation of protected class status (birthdate, medical records)
Step 3: Contact Class Counsel (Free)
Lead Law Firms:- •Outten & Golden LLP (employment discrimination specialists)
- •Sanford Heisler Sharp LLP (class action experience)
- •Website: workdayaisettlement.com (case-specific portal)
- •Phone: 1-800-WORKDAY (toll-free class action hotline)
- •Email: intake@workdayaicase.com
- •15-minute phone screening
- •Free case evaluation
- •No upfront legal fees
- •Lawyers paid percentage of settlement only (typically 25-33%)
Step 4: Submit Claim Form
Timeline:- •Initial contact: Immediate
- •Claim form completion: 1-2 weeks
- •Class certification hearing: Expected 2025
- •Settlement/trial: 2026-2027 (estimated)
- •Personal details (name, contact, birthdate)
- •Employment history
- •Workday application records
- •Protected class status
- •Estimated damages (lost wages)
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💰 Potential Compensation
Individual Damages (If Class Certified)
Lost Wages:- •Average time to find job after AI rejection: 6-18 months
- •Median salary for affected applicants: $65K
- •Estimated lost wages: $32K-$97K per person
- •Emotional distress: $5K-$50K (varies by jurisdiction)
- •Punitive damages: Possible if willful discrimination proven
Class-Wide Settlement Scenarios
Conservative Estimate:- •100,000 class members × $15K average = $1.5B settlement fund
- •After legal fees (30%): $1.05B to class members
- •Per-person payout: $10,500
- •500,000 class members × $25K average = $12.5B settlement fund
- •After legal fees (25%): $9.4B to class members
- •Per-person payout: $18,800
- •$365M settlement (Abercrombie & Fitch discriminatory hiring, 2005)
- •$160M settlement (Sterling Jewelers gender bias, 2022)
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📋 Evidence You Should Preserve
Critical Documents
- •Workday Application Emails
- •Confirmation receipts
- •Status updates
- •Rejection notices
- •Timestamps showing fast rejections
- •Resume Versions
- •Exact resume submitted through Workday
- •Changes made between applications
- •Keywords matching job descriptions
- •Job Posting Archives
- •Qualifications required
- •Evidence you met requirements
- •Job descriptions (save PDFs before they expire)
- •Protected Class Evidence
- •Birth certificate (age discrimination)
- •Medical records (disability discrimination)
- •EEOC right-to-sue letters (if you filed individually)
How to Preserve
Email Preservation:- •Search inbox: from:workday.com, from:@workday.com
- •Export to PDF or print
- •Save to cloud storage with timestamps
- •Include full URL
- •Show date/time in corner
- •Capture entire webpage (scrolling screenshot)
- •Save in multiple formats (PNG + PDF)
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🤝 What Compens.ai Can Help With
Free Resources
- •Legal Referral Network: Connect with class counsel for free consultation
- •Document Checklist: Printable PDF of records to gather
- •Damages Calculator: Estimate your potential compensation
- •Application Tracking: Monitor class certification status and deadlines
Support Services
- •Email Updates: Get notified of major case developments
- •Community Forum: Connect with other affected applicants
- •Expert Guidance: Navigate class action participation process
→ Check if you qualify in 60 seconds
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❓ Common Questions
Q: Will joining hurt my future job prospects? A: No. Class action participation is confidential. Employers cannot retaliate for joining discrimination lawsuit.
Q: What if I found another job since my Workday rejection? A: You can still join! Damages include lost wages during unemployment period and any salary reduction from taking lesser job.
Q: Do I need proof Workday specifically rejected me (vs. human recruiter)? A: No. Rejection within 24-72 hours strongly suggests automated screening. Class discovery process will obtain Workday scoring data.
Q: I applied to 50+ jobs through Workday - does each count separately? A: Potentially yes. Each application could be separate discriminatory act, increasing your damages.
Q: What if I am not sure whether company uses Workday? A: Check application portal URL (contains "workday.com" or "myworkdayjobs.com") or email confirmations. Class counsel can verify.
Q: Can I still file individual EEOC charge? A: Yes, and it may strengthen your position. EEOC filing preserves right to individual lawsuit if you opt out of class. But act fast - 300-day deadline from rejection date.
Q: Is there a deadline to join? A: Class certification deadline not yet set (case pending). Join sooner to ensure inclusion. After class certified, opt-out deadline typically 60-90 days.
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🎯 Why This Case Matters
Precedent-Setting Issues
- •First Major AI Hiring Discrimination Class Action
- •Will establish standards for algorithmic fairness
- •Sets liability framework for AI employment tools
- •Determines vendor vs. employer responsibility
- •EEOC AI Guidance Test Case
- •Agency published AI hiring rules May 2023
- •This lawsuit applies those guidelines
- •Outcome will shape future enforcement
- •Disability Rights in AI Era
- •ADA compliance for algorithmic screening
- •Reasonable accommodation in automated systems
- •Medical privacy in AI hiring
Broader Impact
If Successful:- •10,000+ employers will audit their AI hiring tools
- •Workday and competitors must redesign algorithms
- •Applicants gain transparency into automated decisions
- •EEOC increases AI discrimination enforcement
- •Holds companies accountable for discriminatory AI
- •Protects future applicants from biased algorithms
- •Advances civil rights in technology era
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📱 Take Action Now
Next Steps
- •✅ Check Qualification (2 min): Search email for Workday rejections
- •✅ Gather Records (10 min): Export application confirmations and resume
- •✅ Contact Class Counsel (Free): Call 1-800-WORKDAY or visit workdayaisettlement.com
- •✅ Submit Claim Form (30 min): Complete intake questionnaire
- •✅ Preserve Evidence: Save all application records and correspondence
Important Reminders
⏰ Act quickly - Class certification deadline approaching 💰 No upfront costs - Lawyers paid from settlement only 🔒 Confidential - Participation protected from retaliation 🤝 Collective power - 100M+ applicants affected, strength in numbers
→ Start your free case evaluation now
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Disclaimer: This article provides general information about ongoing litigation. It is not legal advice. Consult with qualified employment attorney for advice about your specific situation. Class action outcomes not guaranteed. Past settlements do not predict future results.