×
Monday, May 18, 2026

AI-Based Hiring: 2026 Developments Employers Can’t Ignore - JD Supra

Artificial intelligence (“AI”) is no longer theoretical in employment decisions—it is actively shaping the hiring process in 2026. Recent estimates suggest that 99% of Fortune 500 companies now use AI to filter job applicants and roughly 40% of companies expect to use AI to conduct screening interviews of job candidates. That level of AI adoption has outpaced the law. As a result, the use of AI has quickly become one of the most significant employment law issues, particularly in hiring.

While many states have not enacted AI-specific employment statutes, including Kentucky, Indiana, Ohio, and Tennessee, recent case developments make clear that existing law is more than sufficient to regulate AI-driven decisions.

AI “Discrimination in Hiring” Litigation is Moving Past the Pleading Stage

One of the most closely watched cases is the ongoing AI hiring bias litigation against HR vendor, Workday. It signifies a first of its kind, addressing a defining question in employment law - whether artificial intelligence-based hiring programs could be discriminatory.

The plaintiff in Mobley alleges, in part, that Workday’s AI-hiring tools incorporated data points, like interruptions in periods of employment and medical-related leave, which are commonly correlated with treatment and recovery periods for serious health conditions. The plaintiff claims that Workday’s AI tool resulted in violations of the Age Discrimination in Employment Act, the Americans with Disabilities Act, and Title VII...



Read Full Story: https://news.google.com/rss/articles/CBMiggFBVV95cUxOWUxJMXVBSjZmTXZEMEh0T2pk...