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- Is Your Screening Defensible?
Is Your Screening Defensible?
From Mobley v. Workday to a new SiriusXM complaint, legal pressure is growing.
The legal spotlight on AI and automation in hiring keeps getting brighter. In the past few months, plaintiffs and advocacy groups have zeroed in on how these tools are shaping who gets hired. We’ve been writing about the ongoing Mobley v. Workday collective action in this newsletter and on ERE.net. This week, another 19 plaintiffs have joined the suit, alleging that Workday’s systems discriminated against them.
Separately, a new case against SiriusXM claims that the company’s use of iCIMS screening tools unlawfully disadvantaged Black applicants. The plaintiff, Arshon Harper, says he applied for 150 technical positions and was rejected 149 times. When I read the complaint, I don’t see a smoking gun connecting the dots between the pattern of rejections and the applicant’s race, but we’ll see if there is enough there for the judge to certify the class.
Here’s a quick poll: How ready do you feel your screening and assessment platforms are for legal and regulatory challenges like these? Let me know what you think, and I’ll report the results back next week.
Are you ready for legal challenges to your company's screening processes? |
Regardless of where you land, governance and audits are being thrust into the spotlight as AI upends hiring processes. To dig into these issues and the ongoing legal framework slowly being built around the use of AI in recruiting, we’ve put together a timely fireside chat at the ERE Recruiting Innovation Summit, November 4–5 in San Diego.
Jenny Cotie Kangas will talk with Danielle Ochs, co-chair of Ogletree Deakins’ Technology Practice Group. Danielle has spent the last five years focused on AI governance, the responsible use of automated employment decision tools, and generative AI in the workplace. Together, they’ll unpack the latest case law and regulations that will impact the use of AI in hiring.
Reminder: This week is the final chance to get the early-bird discount when you register!
See you in San Diego!
— David
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Why Job Family Architecture Matters More Than You Think
Ron Thomas digs into job family analysis, a much overlooked component of strategic workforce analysis and driver of organizational performance. (ERE)
More Recruiting Insights
This week, brought a flurry of analyst reactions to Workday’s acquisition of Paradox. Here’s three of the best:
Workday Acquires Paradox: What It Means for the Market. Madeline Laurano notes that Paradox excels in frontline and hourly hiring, one of the few remaining growth areas in talent acquisition. She adds that customers are enthusiastic about the platform and argues that the future winners in recruiting tech will be integrated platforms with outstanding user experiences. (Aptitude Research)
What Workday’s Paradox Acquisition Signals About the Future of Hiring Tech. George LaRocque argues that Workday’s move to buy Paradox strengthens its frontline, high-volume hiring experience but leaves other lanes open for rivals with more comprehensive offerings. (WorkTech)
On the recent acquisitions in HR Tech. While Thomas Otter believes that the Paradox and SmartRecruiter deals make sense, he does not see the either deal as disruptive or transformative. It’s just what incumbents do, and he predicts that there will be a wave of deals as the other players consolidate. (Thomas Otter)
Researchers Are Already Leaving Meta’s New Superintelligence Lab. A few weeks ago, I linked to an article about the nine figure compensation being offered to top AI researchers to join Meta’s Superintelligence Lab. At least three researchers have already resigned, with two returning to OpenAI after less than a month. Money can’t buy you love. (Wired)
Conferences
ERE Recruiting Innovation Summit
San Diego, CA
November 4-5, 2025
The ERE Recruiting Innovation Summit is the premier independent, practitioner-led event designed to deliver actionable insights for talent acquisition professionals. Join your peers to explore practical ideas, proven best practices, and case study solutions from leaders who are tackling the same recruiting challenges as you.
The full agenda is now live—see what’s in store and start planning your experience.
Register now and save $200 with early bird pricing, available through August 31.
Webinars
Beyond the Hype: Practical Ways AI and Automation Are Empowering TA Teams
September 10, 2025 | 2:00 PM EDT | 1 Hour
See how leading TA teams use AI to work smarter, keep the human touch, and strengthen their employer brand. Kim Stevens (Employ) and Larry Hernandez (RecruiterDNA) share practical plays that streamline sourcing, personalize outreach that gets responses, and build consistent, on-brand hiring experiences. You will leave with concrete ways to implement automation with intention, track meaningful outcomes, and give recruiters more time for real conversations. (ERE)