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Friday, June 5, 2026

Mobley v. Workday: The AI Vendor as AI Agent. Creating Potential New Liabilities - JD Supra

Defending the Algorithm Employment Law Series | Edition 1

Welcome back to Defending the Algorithm - a LinkedIn newsletter from Pittsburgh law firm, Houston Harbaugh, PC, helping defense attorneys, insurance professionals, employment lawyers, corporate counsel and clients to navigate the intersection between artificial intelligence and the law. This newsletter series is specifically targeted to the defense of employment law claims against employers and was written and edited with assistance from Claude Opus 4.8 from Anthropic and Google Gemini 3.0 Pro and with research confirmation by Westlaw Advantage AI with Co-Counsel. It is a companion to our podcast and blog series, available at: Defending the Algorithm created by Henry M. Sneath, Esq.

AI tools used in research: Claude (Anthropic) and Westlaw Precision AI. All content was reviewed and verified by the authors.

The AI Vendor as AI Agent: Why “We Just Bought the Software” No Longer Works

In this Edition #1, we take a defense-side overview look at Mobley v. Workday as likely the most consequential AI-and-employment case so far of 2026. In our next edition, we will focus on the brewing discovery battle in Mobley given that Plaintiffs have requested production of the blackbox structure of the Workday AI-based screening tools, including their Candidate Skills Match and HiredScore Spotlight products. Mobley seeks production of the Workday algorithmic bias training and testing data, algorithmic code, methodology, results and...



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