Mobley v. Workday

Hiring discrimination law targets the employer; the vendor of a screening tool had so far remained a supplier. The plaintiff, rejected by dozens of employers using the same software, argues that the vendor acts as their agent, since the tool screens out candidates without human intervention. If that theory succeeds, liability moves up from the customer to the vendor, and the discrimination of a single model becomes a serial loss across all its customers. That is exactly the accumulation pattern the technology liability insurer fears: one cause, thousands of victims, and contracts written for an isolated fault.