AI bias and the Workday case: Compliance tips for responsible recruitment

Workday is in the news (and not in a good way) as a US judge ruled last month that they must now face a class-action lawsuit alleging their AI based applicant screening tools have discriminated against candidates based on age and disability.

The initial case – Mobley v. Workday, Inc. will now potentially open the floodgates for millions of other applicants who were rejected by companies using Workday’s platform AI claiming that Workday can be held directly liable for the alleged bias in screening.

Workday’s defence was that it is just a vendor who sells the software and its customers (the employers) set the screen-in, screen-out and candidate ranking rules. They have a point in fairness. But whether you agree with the ruling or not, if you are hiring candidates and currently using or considering using AI to help you (who isn’t?!) it’s a good time to take stock on how you screen and assess your candidates

It’s worth remembering that AI systems used for recruitment including tracking, screening, evaluating or selecting job applicants are classified as high-risk under the EU AI Act.

Our advice for employers on using AI for responsible recruitment

• If you are using AI enabled platforms to increase the efficiency of your hiring process via candidate scores or ranking algorithms ask your provider for proof that this system has been audited for bias. Don’t take their word for it – ask for an explainer of HOW they do it – you need glass-box transparency not black-box fog and wizardry
• Ensure that key hiring and assessment decisions aren’t solely being made by AI tools. Train your recruiters and your hiring managers to know how to question the results of an AI screening. When the AI suggests someone isn’t a “fit,” you should know why. “Computer says No” is not a valid response!
• Check and confirm that your AI tools are ranking candidates based on job-relevant factors and not on patterns that reflect past bias
• Inform job applicants when and how AI is used in your recruitment process – this disclosure is now a requirement of the EU AI Act.
• Complete the circle and don’t leave your applicants in the dark about what you regard as acceptable AI use when they are applying to your company. Include a link to your company’s policy on Acceptable AI Use for Candidates on all of your job adverts. If you don’t have one yet use download our Guide to Acceptable AI use and use it as a base to one for your organisation .

Download our Acceptable AI Use for Candidates