Category: Non-Discrimination

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Mobley v. Workday: An Evolving AI Compliance Landscape

A Note by Ashley Morris

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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

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Scarcity Does Not Create Value: H-1B Visa Reform that Protects American Workers Without Reducing Immigration

A Note by Justin Fernando

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Amidst rising tensions surrounding immigration, the H-1B visa program has found itself under fire from all sides of the political spectrum. Elon Musk and Vivek Ramaswamy, two businessmen who were tapped to lead the proposed Department of Governmental Efficiency, made headlines towards the end of last year for arguing in favor of the H-1B visa system as a way to bring talented workers to the United States. Senator Bernie Sanders directly opposed these comments, criticizing companies for replacing American workers with lower-paid immigrant workers, going as far as to call these workers “indentured servants.” This debate, while not new, presents a false dichotomy. . . .
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The Sharing Economy: Airbnb’s Discrimination Problem

By Jason Shultz

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Racial discrimination is a systemic issue deeply rooted in American society. One company within the sharing economy cannot possibly change the behavior of the individual hosts that are essentially landlords. This Note examines how Airbnb hopes to achieve an inclusive community for its users, how the new policies will affect hosts and guests, as well as Airbnb as a corporation, and how the traditional Fair Housing Act applies to Airbnb’s hosts. Finally, this analysis will illustrate how Airbnb’s new focus on inclusion will impact the sharing economy as a whole. Airbnb needs to work with the government to change the current exceptions that allow certain landlords to discriminate against classes of people. These changes include both eliminating the exceptions and reclassifying how landlords are treated under government regulations. By working with lawmakers and other sharing economy companies, Airbnb can make a large impact … Read the rest