Category: Gender Equality

Posted on

Mobley v. Workday: An Evolving AI Compliance Landscape

A Note by Ashley Morris

Download the full Note here.

Mobley v. Workday is a groundbreaking legal dispute that sits at the intersection of artificial intelligence (“AI”) and employment law. The key issues in Mobley are whether the use of algorithmic screening tools in hiring decisions, as implemented by Workday, result in unlawful disparate impact discrimination under the Title VII of the Civil Rights Act of 1964, (“Title VII”), under the Age Discrimination in Employment Act (“ADEA”), or under the Americans with Disabilities Act (“ADA”). Another key issue in Mobley centers around whether Workday can be held liable as employer’s agent for unlawful disparate impact discrimination under these three acts. While this case is still pending, it is among the first major cases to challenge algorithmic hiring under antidiscriminatory statutes. It could set precedent for how AI hiring systems are regulated in the U.S. While Mobley was filed in … Read the rest

Posted on

Moving Forward from the FAMILY Act: Implications for Working Women, Business, and Contemporary Conditions of Caretaking Labor

By Kelly Chen

Download full note here.

In response to the historical rise of women in the workforce, Congress asserted Family and Medical Leave Act (FMLA) that aimed to preserve women’s employment status through mandating unpaid parental leave. While still in force today, the Act fails to adequately deliver its promise to resolve the difficult choice women face between work and family care. The Family and Medical Insurance Leave Act (FAMILY Act) unsuccessfully sought to provide a comprehensive, national paid parental leave program. This Note argues that a national paid leave program should be resurrected to ameliorate the gender disparity embedded in conditions of parental caretaking. The Note examines the historical development of the FAMILY Act through discussion of FMLA’s goals and limits. Additionally, the Note analyzes popular arguments put forth by the FAMILY Act’s supporters and critics and explains how the Act would have positively affected women and businesses … Read the rest