A federal judge in Michigan dismissed the complaint without prejudice on Sept. 30, 2026, finding that the applicant hadn’t alleged enough facts to state a plausible discrimination claim.

Applicant Alleges AI Hiring Bias Based on Race

Arshon Harper, a Black IT professional from Detroit, said he applied for about 150 jobs at Sirius XM between November 2023 and November 2024. All but one application was rejected before the interview stage. He landed one 30-minute interview and was rejected afterward.

He claimed Sirius XM used AI features in its iCIMS applicant tracking system that scored candidates using stand-ins for race, such as schools attended, work history and ZIP codes. He sued under Title VII and Section 1981 and asked to proceed as a class action.

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Sirius XM argued that it doesn’t use AI in hiring. The court set that question aside and assumed, for purposes of the ruling, that it did.

Why the Court Dismissed the Case

The judge found Harper failed to state valid claims on both theories of workplace discrimination:

• Intentional discrimination. Harper alleged no facts suggesting race motivated the rejections, such as losing the job he interviewed for to a non-Black candidate or similarly qualified applicants of other races being treated better.
• ...

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