A 2026 court ruling let Workday keep attorney-directed bias-testing data out of discovery in Mobley v. Workday, a closely watched lawsuit over AI hiring tools.
Orrick had already narrowed the case by winning dismissal of intentional discrimination claims, leaving the litigation centered on whether the platform can create disparate-impact liability.
The suit alleges Workday's hiring technology discriminated against applicants based on race, sex, age and disability.
The case is being tracked across labor and employment law as a test of how far discrimination liability can extend to AI-driven recruiting systems.