Law.com, “As AI Employment Screening Spreads, Rulings Against Workday Offer Plaintiffs a New Path,” 6-4-2026

Kaufman Dolowich’s Dove A.E. Burns, Regional Managing Partner of the firm’s California offices and Managing Partner of its New Haven office, was recently quoted in a Law.com article examining the growing litigation risks associated with AI-powered applicant screening tools and allegations that such technologies may produce discriminatory hiring outcomes.

Ms. Burns told Law.com that litigation challenging AI-based hiring tools for alleged bias based on protected characteristics remains in its early stages, but she described the recent Mobley v. Workday Inc. decision as a potential warning sign for employers. Burns noted that AI screening tools are likely used by an even greater percentage of large employers than recent surveys suggest and emphasized that employers must understand and regularly audit the technologies they deploy in the hiring process. According to Burns, employers that fail to monitor these systems for potential discriminatory outcomes may face significant legal exposure.

“If they’re not aware of that and they’re not auditing it … then they’re going to face potential liability,” Ms. Burns noted in the article. 

Subscribers can read the full article here: As AI Employment Screening Spreads, Rulings Against Workday Offer Plaintiffs a New Path | Law.com