E-Courts · 29 May 2026
Privilege shields Workday's bias-testing data in Mobley
Magistrate Judge Laurel Beeler refused to make Workday hand over its AI bias-testing data in Mobley v. Workday, holding it privileged because the company's lawyers curated the testing and used the results to give legal advice, and that merely acknowledging the testing existed did not waive that. She also found Workday lacked Rule 34 control over its customers' applicant data, while ordering it to produce its own EEO-1 and OFCCP records. For anyone bias-testing a hiring model, whether counsel directs the work now looks like the thing that decides whether the results are discoverable.
Companies
- Workday
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