The Agent — Mobley, Workday, and a Hundred Nos

Mobley v. Workday, Inc., United States District Court for the Northern District of California, Case No. 23-cv-00770-RFL. Judge Rita F. Lin. Derek Mobley — Black, over forty, in the Norton Rose walk — alleges that since 2017 he applied to more than 100 jobs with companies that use Workday's screening features and was rejected every time. Race under Title VII and Section 1981. Age under the ADEA. Disability under the ADA. He does not allege Workday was his employer. He alleges Workday may be held as an agent.

The reporter citation is a furniture label I will not upgrade. 740 F. Supp. 3d 796 (N.D. Cal. 2024). Northern District of California. Case No. 23-cv-00770-RFL. Judge Rita F. Lin. I printed the first page and put it on the sideboard under a mug that still has a ring. The mug is not a holding. The citation is a public. Odette moved the mug because solvent drips and a ring is a stain she will lift. She did not move the seven. The seven is still a ghost in the middle of a box I will not finish. Marker smell did what marker smell does. The credit-bureau hold song on the hall phone stayed muted. Muting is still my theology. Wiping is still hers.

July 12, 2024, in that walk: the motion to dismiss the First Amended Complaint was granted in part and denied in part.

There was an earlier door. Workday's motion to dismiss the initial complaint was granted with leave to amend, in the July 12 order's own recitals. I am putting the first grant on the sideboard so a grocery line cannot call July 12 the only motion. A first complaint can leave. A first amended can arrive. A second motion can split. Three sittings. One caption. I will not invent the first complaint's paragraphs. I will say a leave can be a homework assignment that produces a FAC, and that a FAC can still lose an employment-agency chair, and that none of that is a verdict.

Rudd wrote initial MTD granted w/ leave / then FAC / then Dkt 50 split and boxed then. He said thens are how calendars stay honest. I said thens are also how amateurs become novelists if you add a fourth I did not hold. He dated the pad. The punch coughed. Polly put the tin back.

I will not give you a first complaint you can file. I will tell you the initial motion left with homework, that the FAC is the paper July 12 split, and that a survival is still not a verdict. The docket number on the motion, in the order I walked, is Dkt. 50. I am putting Dkt. 50 in this room so a grocery line cannot call July 12 a vibe that arrived without a paper. A docket is a paper. A paper can be a door. A door is not a verdict.

Rudd wrote 23-cv-00770-RFL / 740 F.Supp.3d 796 / Dkt 50 / July 12 2024 / GIP-DIP on the yellow pad and boxed GIP-DIP because he likes a hyphen more than a sermon. He asked me to explain granted-in-part as if to a stranger. I explained. He crossed out won and wrote split. He punched a warehouse-club flyer that had used the word landmark. He said landmark is a brochure. I said landmark is not in the caption I held.

Glyn sells dry-erase markers in a cup that still has a lid. I bought a blue I did not need because a ghosted seven still wants a cousin I will not draw, and a cousin I will not draw still wants a cap so the hall does not add a second ghost. He asked if I was teaching. I said I was dating a reporter. He said reporters are for newspapers. I said this reporter is 740 F. Supp. 3d. He dated the receipt. Lids are honest. Verdicts are a later costume.

The Split I Will Not Call a Win

The agent theory survived that motion, in the Cooley walk and in the order I held: Workday may be held as an agent of its customer-employers when customers delegate a portion of hiring authority through algorithmic software that screens applicants. Disparate-impact claims proceeded. Intentional-discrimination claims were dismissed. FEHA claims were dismissed with leave to amend. I am lining those four outcomes on the sideboard so a grocery line cannot spend a survival as if it were a finding that a platform hired a person. Survival is a door. A door can close later. Leave is a later door with a homework assignment. Homework is not a check.

The July 12 order, in the same walk, also dismissed the theory that Workday was an employment agency. I am putting that dismissal next to the agent that survived so a grocery line cannot hear agent and buy employment agency as if they were the same chair. Two theories. One caption. One of them left the room. I will not invite it back as a novelty. I will say a judge can keep a word and send another word home, and that sending a word home is a public, and that a public is not a personality I will sell.

Odette asked if leave was a stain that might return. I said it was permission to try a paragraph again. She said paragraphs are for letters. I said this paragraph is a statute's cousin in California weather. She pumped solvent around the seven. The seven did not become an agent. I did not write agent on the board. Writing agent on the board is how a hall becomes a kit.

Polly came through Rudd's kitchen with the tin of extra punches and set it down as if it were pepper. She asked if the split was a divorce. I said it was a motion. She said motions are for floors. I said this motion is Dkt. 50. She looked at the punch the way a person looks at a roommate's religion. She said, "Don't let him eat the reporter." She meant the paper. I folded 740 F. Supp. 3d so the punch could not reach the citation. Folding is not a holding. Folding is how a kitchen keeps a public.

I will not give you an agent you can hire. I will say July 12 split a complaint, that Dkt. 50 is the motion that got the split, that 740 F. Supp. 3d 796 is the furniture label, and that a survival is still not a verdict.

The Commission That Filed a Friend Paper

April 2024, in the Cooley walk: the U.S. Equal Employment Opportunity Commission filed an amicus brief in the Mobley caption, arguing that Workday could be liable under the federal antidiscrimination laws the agency enforces — Title VII, the ADEA, and the ADA. I am putting April next to July so a grocery line cannot call the split a vibe that arrived without a friend. An amicus is a friend of the court. A friend is not a party. A friend is not a verdict. I will not reconstruct the brief. I will say an agency can file a paper, and that a paper can share a spring with a summer split, and that sharing is a calendar.

Mobley alleged three theories, in the July 12 order's own lining: employment agency, agent of employers, and indirect employer. Workday said it was a software vendor, not a covered entity. The court denied the motion on the federal claims because the FAC plausibly alleged liability on an agency theory. The employment-agency theory was dismissed without leave. The indirect-employer theory was not reached, because the agent chair was enough to keep the federal claims in the building. I am putting not-reached next to dismissed-without-leave so a grocery line cannot spend three theories as if they all sat down. One sat. One left without homework. One was not asked to speak. Three chairs. One occupancy.

Title VII, the ADA, and the ADEA, in that order's walk, all define employer to include "any agent of" an employer. 42 U.S.C. §§ 2000e(b), 12111(5)(A); 29 U.S.C. § 630(b). I will keep the cites as furniture. I will not typeset a complaint. I will say a statute can name an agent in the definition of an employer, and that a definition is a public, and that a public is not a finding that a platform hired a person.

The court, in the Duane Morris walk of a sentence I will keep as a walk, said that accepting the vendor's argument would let companies "escape liability for hiring decisions by saying that function has been handed to over to someone else (or here, artificial intelligence)." I will keep the parenthetical. I will not upgrade a parenthetical to a holding that a model is a person. A parenthetical can be a joke a court allows itself. A joke is not a verdict. Escape is the word the walk used. Escape is a door I will leave on the dummy and not sell as a lock pick.

Rudd wrote EEOC amicus Apr 2024 / 3 theories / agency sat / emp agency out no leave / indirect not reached / any agent of / not a verdict and boxed not reached. He punched a flyer that had used the word friend. He said friends are for parties. I said this friend is a Commission paper. He dated the pad.

Leni sells paper clips in a tin that still has a magnet in the lid. I bought a tin I did not need because an amicus still wants to stay clipped to a July and not wander into a diner as if it were Tansy's counsel. She asked if I was filing. I said I was dating a friend. She said friends are for lunch. I said this friend is April. She dated the receipt. Magnets are honest. Occupancy is a split.

Tansy asked whether "the EEOC thing" meant she should write a Commission. I said I would not be her Rudd. She is not the Workday collective. She is not the Illinois interview class. She sat a camera. She paid for the coffee. I paid for the water. Water is not a charge.

Cole asked whether "any agent of" meant "HR is finished." I said finished is a polo word. He said then why the Commission. I said the Commission filed a friend paper in a spring, and a judge split a summer, and a verdict is still a room I do not have. He wrote a five. I took a six. I did not enjoy it.

The Notice Plan That Shares a December

December 2, 2025, in a later docket walk: the ADEA notice plan in Mobley was finalized, Dkt. 211 in that weather. I am putting that December next to the Comptroller's December 2, 2025, LL144 audit so a grocery line cannot buy one December as both kitchens. Same calendar day. Two captions. One is a notice plan in a Northern District collective. One is a comptroller who counted seventeen potentials in a city pile. I will not add them. I will not freeze a notice plan as a check I mailed. I will say a day can hold two publics, and that a public is not a finding that the day was designed.

A later January 14, 2026, paper in that same caption, Dkt. 235 in the walk I held, vacated a class-certification deadline after a request to change time and ordered a short reply about discovery delays. I will keep vacated as a calendar event. I will not freeze January as a verdict. I will not invent the seven pages. I will say a deadline can leave a docket, and that leaving is a public, and that a public is not a thriller about counsel I did not hire.

Workday's mouth, in an HRMorning walk of the May 16 preliminary certification: the company continues to believe the case lacks merit; the ruling is preliminary, before the facts are fully established; once the facts are presented, the plaintiff's claims will be dismissed, in that telling. I will keep the mouth. I will keep preliminary. I will not upgrade a spokesperson to a holding. A mouth can want a later dismissal. A court can still have sent notice. Two sentences. One May.

Odette asked if a notice plan was a stain that needed a second wipe. I said it was a calendar in a later docket walk. She said calendars are for milk. I said this calendar shares a December with a comptroller. She wiped the seven. I did not write December on the board. Writing a shared day on a whiteboard is how a hall becomes a coincidence shop.

Ash said the shared December was frictionless calendar alignment. I said alignment is a vest hoping two captions are a product. He said then why Dkt. 211. I said 211 is a notice plan I will not typeset. He zipped a pocket.

I will not give you a notice you can join. I will not give you an amicus you can copy. I will tell you April 2024 was a Commission friend paper, that three theories sat in July and only the agent stayed, that any agent of is a definition, that a parenthetical about artificial intelligence sat in a walk, that December 2, 2025, held a notice plan and a comptroller audit in different captions, that January 14, 2026, vacated a deadline, that a spokesperson still said lacks merit, and that none of that is a verdict. The voucher is still the next room if you are still in this one. The agent is still this one.

July 12, 2024: the court held Workday can be an agent of its customer-employers when customers delegate a portion of hiring authority through algorithmic software that screens applicants. Disparate-impact claims proceeded. Intentional-discrimination claims dismissed. FEHA claims dismissed with leave to amend, in the Cooley walk.

May 16, 2025: conditional certification of ADEA claims. Collective, in Mobley's ask: individuals aged 40 and over who, from September 24, 2020, through the present, applied using Workday's platform and were denied employment recommendations. Four other plaintiffs joined, alleging hundreds of applications and almost no interviews. The court found a unified policy adequately alleged: the use of Workday's AI recommendation system to score, sort, rank, or screen. Workday argued impact could vary by employer-client. The court found that immaterial for certification. The common injury, in that weather, was being denied the right to compete on equal footing.

Workday, in those walks, is used by over 11,000 organizations. I will not freeze 11,000 as a census I counted. I will say a platform can name a number, and that a number can share a caption with a hundred nos, and that a hundred nos are a public in a complaint, not a verdict.

I printed the July 12 opinion's holding as a sentence I would not upgrade. Odette asked if an agent was a spy. I said it was a theory. She said spies are for movies. I said this spy is a motion. She wiped the seven.

Rudd wrote agent / July 12 2024 / ADEA cond. cert May 16 2025 / not a verdict and boxed not. He punched a coupon that had used the word elevate. He said elevate is a brochure. I said elevate is 11,000 organizations in a mouth.

Tansy asked whether "the hundred jobs" meant she should sue a platform. I said I would not be her Rudd. She said then the book is not useful. I said useful is a gift shop. She paid for the coffee.

I sat, while I still had a badge, in a meeting whose title was screening hygiene. Someone said we should "let the tool decide first." I said we should not let a tool decide a person we had not met. Legal said we should take decide offline. We shipped a rank. I left the badge on a hook that was not a strategy.

Cole asked whether "the Workday thing" meant "HR is liable now." I said liable is a polo word. He said then why the judge. I said the judge is a door. He took a cart.

I will not give you a collective you can join. I will tell you the caption happened, that agent is a theory that survived a motion, that May 16 is a conditional door, and that a hundred nos are still a complaint. The next room is a voucher. The agent is this one.

The Resume That Lists 1995

Derek Mobley, in the complaint weather I will keep as weather: Black, over forty, anxiety and depression named in that paper. Bachelor's in finance from Morehouse College, 1995, an all-male HBCU in the FAC's own labeling. Honors graduate of ITT Technical Institute. Server+ certified. Since 2010, in that walk, financial work, IT help-desk, customer-service rooms. The FAC names examples I will name as examples and not as a résumé I typed: Advanced Solutions Engineer with Hewlett-Packard Enterprise; Customer Service Representative with the Internal Revenue Service; Support Specialist, Level 1A Manager with AT&T Digital Life. I am putting Morehouse 1995 on the sideboard next to the ghosted seven so a grocery line cannot call a hundred nos a man without a year. A year on a résumé is a public in a complaint. A complaint is not a finding that a year caused a no.

Since 2017, in that same weather, more than one hundred applications to companies that use Workday's screening features. Rejected every time, the complaint says. I will not freeze a hundred as a census I sat with a clicker. I will say a complaint can count past one hundred, and that a count in a complaint is still a count in a complaint, and that I will not upgrade it to a verdict I held.

Odette asked if 1995 was a stain. I said it was a graduation the FAC named. She said graduations are for people. I said this graduation is a line a platform was asked to read. She wiped around the seven. Marker and solvent. The hold song stayed muted. She will not mute a phone. She will wipe a hall.

Rudd wrote Mobley / Black / 40+ / anxiety-depression weather / Morehouse 1995 / 100+ since 2017 / complaint not finding and boxed weather. He punched a coupon that had used the word qualified. He said qualified is a brochure until a person says it in a room. I said qualified is an allegation in the paragraphs I held. He dated the pad with a pencil because the punch does not date.

The Hour After 12:55

Two applications sit in the FAC as examples. I will walk them as examples. I will not invent a third.

While working for Hewlett-Packard on a contract basis, in that weather, he applied via hpe@myworkday.com for a Service Solutions Technical Consultant position. The qualifications, the complaint says, mirrored the role he was already in. Rejected the next month. I am putting HPE in this room because the user of a tool can also be an applicant to the tool's customer, and a grocery line will try to make that a joke. It is not a joke. It is a paragraph. A paragraph can be dull. Dull is how museums keep a velvet rope.

On another occasion, in the same FAC: Customer Services Specialist at Unum, via unum@myworkday.com, applied at 12:55 a.m. Rejection less than an hour later. I am putting 12:55 in the hall so a grocery line cannot call automation a feeling researchers had. A clock can be an allegation. An allegation can share a night with a no. I will not freeze 12:55 as a finding that a person was awake at a desk. I will say a complaint named a minute, and that a minute can be a public, and that a public is not a thriller I will write.

Tansy asked, at the diner, whether 12:55 was her interview. I said no. She sat a HireVue-style camera for a job that never called. She is not an Illinois class member. I said that in the booth so the pie could not recruit her. She is not this Workday collective either. I will not make her a fourth opt-in. She said then why the hour. I said because a no that arrives before a person has made coffee is a geometry a later kitchen will try to call convenient. She drank the water. I paid for the toast. Toast is not a retainer.

Cole found me at the bag drop and asked whether "the midnight email" meant "HR is robots now." I said robots is a polo word. He said then why 12:55. I said 12:55 is a complaint's clock. He wrote a five on a card that still had a handicap. I took a six and did not enjoy it. He took a cart. I walked.

Finn was oiling a grip in the shed the membership pretends is a shop. I did not buy a towel this time. He asked if I was playing through. I said I was dating an hour. He said hours are for tee times. I said this hour is an allegation. He dated a stub I had not asked for. Stubs are honest. Hours are a FAC.

The Neuroscience I Will Keep as Weather

Workday's website, in the FAC's walk of a sentence the July 12 order repeated: it can "reduce time to hire by automatically dispositioning or moving candidates forward in the recruiting process." I will keep the mouth. I will not freeze dispositioning as a finding that a person was a file. A website can promise a verb. A verb can share a caption with a hundred nos. The promise is a public. The caption is a public. I will not add them into a novel.

The same complaint weather alleges that applicant screening tools integrate "pymetrics" that "use neuroscience data and AI," in combination with existing employee referrals and recommendations, and that Workday-branded assessments and personality tests are likely to reveal mental-health disorders or cognitive impairments, and that people with depression and anxiety are likely to perform worse and be screened out. I am putting every one of those verbs under a label that says COMPLAINT ALLEGATIONS. I will not upgrade neuroscience to a finding. I will not upgrade personality to a holding. I will not typeset a test you can sit. I will say a complaint can name a product the way a museum labels a case it has not opened, and that a label is not a kit.

The May 16, 2025, order, walking the same FAC, also named two tools the briefing had discussed: Candidate Skills Match, reported to the employer as strong, good, fair, low, pending, or unable to score, in that walk; and Workday Assessment Connector, alleged in the FAC to use machine learning in a way I will not typeset as a how-to. Workday, in that weather, said customers may enable, disable, use, or ignore features, and said at argument — without introducing evidence on the issue, the order noted — that one tool acts as a bridge to third-party AI features. I am putting enable-disable next to automatically-dispositioning so a grocery line cannot buy a single verb as the whole store. Two mouths. One briefing. Neither is a verdict.

Odette asked if neuroscience was a smell. I said it was an allegation. She said allegations are for courts. I said this allegation is still in a complaint. She put the solvent back as if it were salt. The seven stayed a seven.

The Conditional Door and the Mouth That Counts Organizations

May 16, 2025. Dkt. 128, in the walk I held. Preliminary collective certification of the ADEA claim. Collective, in Mobley's ask: individuals aged 40 and over who, from September 24, 2020, through the present, applied using Workday's platform and were denied employment recommendations. Four other plaintiffs joined, alleging hundreds of applications and almost no interviews. The court found a unified policy adequately alleged: the use of Workday's AI recommendation system to score, sort, rank, or screen. Workday argued impact could vary by employer-client. The court found that immaterial for certification. The common injury, in that weather, was being denied the right to compete on equal footing. Workday speculated, in the same order's walk, that a collective could be "hundreds of millions." The court said allegedly widespread discrimination is not a basis for denying notice. I will not freeze hundreds of millions as a census. I will not freeze four as a club I joined. I will say a conditional door can have a speculation sitting next to it, and that a speculation is a mouth, and that a mouth is not a count I mailed.

Workday, in those walks, is used by over 11,000 organizations. I will not freeze 11,000 as a census I counted. I will say a platform can name a number, and that a number can share a caption with a hundred nos, and that a hundred nos are still a complaint.

Lane had already sold me pencils. I did not go back for a second dozen. A second dozen is how a kitchen becomes a parade. Rudd used the first dozen until the points were honest. He wrote May 16 2025 / Dkt 128 / 40+ / Sept 24 2020 / four joined / 11k mouth / not a verdict and boxed not. He punched a flyer that had used the word join. He said join is a gift shop. I said join is a later notice I will not typeset.

The Later Weather I Will Not Make Original

Later weather, and I will keep it later: a Third Amended Complaint named Jill Hughes, Sheilah Johnson-Rocha, and FaithLinh Rowe with Mobley. 2026 WL 636719 (N.D. Cal. Mar. 6, 2026) is a later motion-to-dismiss walk. Leave, in that walk, to try FEHA again with a California nexus, and leave for Hughes to try an ADA paragraph again. Dkt. 360, filed June 22, 2026, is another later split on that TAC: FEHA nexus allegations survived in that walk; a newly added race claim for Rowe did not, because leave had not been asked for that door. I will not freeze March 6 as this chapter's July 12. I will not freeze June 22 as a verdict. I will not freeze three later names as the original hundred. Later is a calendar. A calendar can sit on a sideboard without becoming the first room.

Ash, in the vest that had been designed to look like he might hike, found me at the locker and said the later names meant the product was now frictionless compliance. I said frictionless is a vest word. He said then why 2026. I said 2026 is later weather on a 2023 caption. He zipped a pocket that did not need a zip. Vest fabric does not take a shine.

Nessa was running the clinic jar that afternoon. I put a ten in because a man who walks a hundred nos still has to look at glass. She did not thank me. She dated a receipt for a box of wipes I did not need, because solvent drips and a hall still wants a dry edge around a seven. She asked if a later complaint was a new patient. I said it was the same caption with more lines. She said lines are for waiting rooms. I said this line is Dkt. 360. She wiped a counter that did not have a ghost. I envied the counter.

I will not give you a collective you can join. I will not give you a pymetrics you can sit. I will not give you a disposition you can invert. I will tell you 23-cv-00770-RFL happened, that 740 F. Supp. 3d 796 is furniture, that Dkt. 50 split a July 12 motion, that agent survived and intentional did not and FEHA left with homework, that Morehouse 1995 and Unum at 12:55 a.m. and HPE are complaint weather, that neuroscience and personality are still allegations, that May 16 is a conditional door, that 11,000 is a mouth, that Hughes and Johnson-Rocha and Rowe and 2026 WL 636719 and Dkt. 360 are later weather, and that none of that is a verdict. The voucher is still the next room. The agent is still this one.