Thousands of job seekers alleging Workday Inc.’s AI-powered hiring software discriminated against them have hit delays and roadblocks as they struggle to access the data needed to prove their case.

The human resources technology company has largely prevailed in recent rulings deciding the discovery disputes in the San Francisco federal court litigation.

Those wins include findings that Workday can’t be forced to turn over reams of detailed records on job applications processed through its platform or the raw data underlying bias assessments it summarized on its website.

The three-year-old case is seen as a bellwether for employment discrimination lawsuits linked to artificial intelligence tools that businesses widely use in evaluating candidates. Its survival through two motions to dismiss signals that courts are open to finding technology providers as well as employers liable for AI-related bias, although assembling the evidence needed to win remains a heavy lift.

This particular discovery fight might be less likely in a case of a job seeker suing the company that rejected them, said Gerald L. Maatman, Jr., an attorney at Duane Morris LLP. “This is a unique case in that Workday was sued instead of the employers,” Maatman said. But businesses are watching closely and asking, “‘If Mobley is successful, will this open the floodgates for more litigation against employers?”

The ruling serves as a reminder for employers to have their attorneys work on bias testing to keep it privileged, Maatman said.

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