Mobley v. Workday, Inc., 3:23-cv-00770-RFL (N.D. Cal.)

Summary

Derek Mobley, a Black job applicant over 40 with a disability, filed this proposed class action on February 21, 2023, alleging that Workday's AI-based applicant screening and recommendation tools discriminate on the basis of race, age and disability, and that Workday can be liable as an agent of the employers that use them. The EEOC filed an amicus brief supporting him in April 2024. On May 16, 2025, Judge Rita F. Lin granted preliminary certification of a nationwide collective on the age discrimination (ADEA) claim. After further amendments added plaintiffs and California FEHA claims, the court on June 22, 2026, largely denied Workday's motion to dismiss the third amended complaint, letting FEHA claims proceed on allegations that the tools are run from Workday's California headquarters. On July 2, 2026, the court refused to certify that ruling for interlocutory appeal. Plaintiffs moved for class certification on September 14, 2026, with a hearing set for March 9, 2027. The claims remain allegations; there is no ruling on the merits.

Key dates

1. February 21, 2023Filed
2. October 16, 2026Checked against sources
3. October 19, 2026Checked against sources
4. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: January 19, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. CLASS ACTION COMPLAINT; JURY TRIAL DEMANDED against Workday, Inc., (Filing Fee: $402.00, receipt number ACANDC-18008535). Filed by Derek Mobley.

   Supports: complaint filed 21 Feb. 2023 by Derek Mobley

   Mobley v. Workday, Inc., 3:23-cv-00770 (docket) CourtListener (N.D. Cal. docket) Primary source

2. Mobley's motion for preliminary certification of the collective is GRANTED.

   Supports: ADEA collective preliminarily certified

   Case 3:23-cv-00770-RFL Document 128 Filed 05/16/25 Page 1 of 20

   Supports: certification order date

   Order Granting Preliminary Collective Certification, Mobley v. Workday, ECF 128 (16 May 2025) U.S. District Court, N.D. Cal. (copy hosted by Akin Gump) Primary source

3. Judge Rita F. Lin of the U.S. District Court for the Northern District of California issued an order denying in part and granting in part Workday's motion to dismiss.

   Supports: June 2026 ruling

   Plaintiffs Derek Mobley, Jill Hughes, Sheilah Johnson-Rocha, and FaithLinh Rowe brought this action against Workday, alleging that Workday's algorithm-based applicant screening tools discriminated against them and other similarly situated job applicants based on race, age, and disability.

   Supports: current plaintiffs and allegations

   California Federal Court Grants In Part And Denies In Part Workday's Motion To Dismiss In Mobley v. Workday (24 June 2026) Duane Morris (Class Action Defense Blog) Reporting or analysis

4. As of December 17, 2025, the case is ongoing.

   Supports: case ongoing

   Mobley v. Workday, Inc. Civil Rights Litigation Clearinghouse (University of Michigan) Reporting or analysis

5. Attorneys for EEOC as Amicus Curiae

   Supports: EEOC participated as amicus

   Brief of the EEOC as Amicus Curiae, Mobley v. Workday, ECF 60-1 (9 Apr. 2024) U.S. Equal Employment Opportunity Commission Primary source

6. 3. The Motion to Dismiss and to Strike Plaintiffs’ direct employer claim(s) about Workday’s own hiring and recruitment is GRANTED

   Supports: June 22, 2026: direct-employer claims dismissed

   4. The Motion to Dismiss the FEHA claims is otherwise DENIED;

   Supports: June 22, 2026: FEHA claims proceed

   Order Granting in Part and Denying in Part Motion to Dismiss, ECF 360 (22 June 2026) U.S. District Court for the Northern District of California (via CourtListener RECAP) Primary source

7. ORDER Signed by Judge Rita F. Lin on 7/2/2026 DENYING 286 MOTION FOR CERTIFICATION UNDER 28 U.S.C. § 1292(B).

   Supports: July 2, 2026: interlocutory appeal certification denied

   MOTION to Certify Class filed by Jill E. Hughes, Sheilah Johnson-Rocha, Derek L. Mobley, Faithlinh Rowe. Motion to Certify Class Hearing set for 3/9/2027 10:00 AM in San Francisco, Courtroom 15, 18th Floor before Judge Rita F. Lin. Responses due by 11/10/2026.

   Supports: September 14, 2026, class certification motion; hearing March 9, 2027

   Mobley v. Workday, Inc., docket (newest first) U.S. District Court for the Northern District of California (via CourtListener RECAP) Primary source