AI screening lawsuit that changes everything for job applicants | Habit Chess Newsletter


AI screening lawsuit that changes everything for job applicants

Welcome to the Habit Chess newsletter where I talk about training your zone of genius.

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Derek Mobley, an IT professional from North Carolina, applied for 100 jobs between 2017-2019. Many rejections came within an hour. Sometimes he got nothing but silence.

The math didn't add up. That many quick rejections didn't make sense unless something other than humans was making the decisions.

Mobley wanted what every job seeker wants: a fair shot. A chance for actual humans to look at his qualifications before deciding.

Just the basic expectation that his applications would get evaluated on merit, not filtered out by some algorithm because of his age, race, or disabilities.

The Algorithm Problem Nobody Was Talking About

A Wall Street Journal article revealed what was really happening: Workday, one of the biggest recruiting software companies, was using AI to automatically screen people out.

And get this—a federal judge said this could proceed as a collective action. We're talking about millions of potential claims from job seekers over 40.

This isn't about one person getting screwed over. This is millions of people getting rejected by bots before any human even sees their application.

And the really scary part? You can get screened out for literally anything the algorithm decides matters. These systems are crawling everything public about you—social profiles, every post you've made, data connected to your email. They're making weird connections, maybe picking up someone else's data who has your same name, finding things that disqualify you that you don't even know exist.

When AI screws up, it doesn't screw up for one person. It screws up for millions of people all at once.

The Lawsuit That Changes Everything

So Mobley did something most people don't do. In 2023, he sued Workday for discrimination.

Now companies have to deal with what we all suspected but couldn't prove—these AI screening systems are making biased decisions at massive scale.

If you're a company letting these things run on autopilot with no human checking the work, you're about to have some serious problems.

How to Navigate the New Reality

Good news for Derek—he's been hired and promoted twice at Allstate since then. Turns out when humans actually get to see what you can do, things work out.

But that doesn't fix the bigger problem. AI is now just part of how hiring works.

So the question isn't whether this affects your career. It's how fast you adapt.

A few things I'm thinking about: The third door becomes way more important now. You know that book by Alex Banayan? Not getting opportunities through job postings or normal referrals, but going straight to the source. Having a relationship with someone in HR or knowing the founder or CEO who can actually get your resume looked at by a person.

Your network really is your survival strategy now.

You're also gonna need to start thinking about what these algorithms want. Just like we all learned SEO for Google, we'll probably need to figure out how to optimize for these applicant tracking systems.

And honestly? Focus on building the kind of skills that make companies come looking for you instead of the other way around. Create work that gets noticed. Build a reputation that shows up before your resume does.

Look, we're watching the first big legal fight over AI in hiring. Companies are gonna have to think twice about letting these systems run everything automatically.

But AI screening isn't going anywhere. Your job is making sure humans get the chance to see what you're actually capable of.

I'm tracking this story as it develops. What are you thinking about all this? How are you preparing for this new reality?

In your corner,

Misbah Haque
Author & Consultant at Pod Mahal
Writer & Host of Habit Chess


P.S. Need help launching your podcast in the next 3 months? Come to my next Build-A-Pod workshop on July 31st here.

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Misbah Haque

I write about high agency thinking and skill acquisition.

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