back to article Workday wants racially biased recruitment algorithm claims thrown out

HR and financial management software vendor Workday has moved to dismiss a class action case which alleges it produced a screening system resulting in racial bias. The SaaS company says the case is without merit after it was accused in February of building algorithms that have resulted in bias against Black applicants in their …

  1. Flak

    Data vs what you do with it

    Looks like the software has some filtering and screening options (disclaimer - I have never seen or used Workday), but the (appropriate or inappropriate) use of those is down to the user, not the software.

    Sounds a bit like suing Microsoft for the filter function in Excel because it could be used to filter data based on certain biased criteria.

    1. katrinab Silver badge
      Megaphone

      Re: Data vs what you do with it

      With Excel’s filter, it is a lot more obvious what you are doing with it, and there are no default filtering options.

      Workday’s filter almost certainly doesn’t have a “filter out black people” or “filter out women” option, but if it is like a lot of other recruitment filters out there, it could be doing that anyway.

    2. sketharaman

      Re: Data vs what you do with it

      This is tricky terrain. It could be argued that, had the software not provided protected classes in its filter options, the human user wouldn't be able to discriminate by protected class. It's somewhat like one's belief on whether guns kill or people kill using guns. IIRC there have been cases where software vendors have been ordered to modify their features to ensure compatibility with local law.

  2. Bebu
    Windows

    Elsewhere...

    I suspect in more enlightened jurisdictions (ie just about anywhere not in the US) the onus may well be placed on the employer and the HR monstrosities they have retained to prove their dodgy algorithm and software purportedly implementing said algorithms don't contravene the jurisdiction's various employment opportunity, equity and participation legislative obligations.

    The EU legal goblins in Brussels(?) should have field day :)

    Always struck me that everyone loses when recruitment etc drowns in the cesspit that is contemporary HR.

    Both the employer and the exceptional employee that "never was", are the losers.

    I don't think its neither unrelated nor any accident that the world is inundated by a tsunami of mediocrity.

  3. Yet Another Anonymous coward Silver badge

    Here at amalgamated widgets

    We don't have any algorithms, we employ anyone in the union irrespective of race. And anyone can be a member of the union so long as they are the son of a member

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