Workforce Bulletin

On August 4, 2025, Plaintiff Arshon Harper (“Harper”) filed a class action complaint in the Eastern District of Michigan against Sirius XM Radio, LLC (“Sirius”) asserting claims of both unintentional and intentional racial discrimination under Title VII of the Civil Rights Act. Harper alleges that Sirius’ use of a commercial AI hiring tool that screens and analyzes resumes resulted in racial discrimination against him and other similarly situated African American applicants.

Is the developer of an AI resume-screening tool an “employment agency” or “agent” subject to liability under Title VII of the Civil Rights Act for its customers’ allegedly discriminatory employment decisions? According to the United States Equal Employment Opportunity Commission (“EEOC”), the answer is yes. On April 9, 2024, the EEOC filed a motion for leave to file a brief as amicus curiae, together with a brief, in Mobley v. Workday, Inc., Case No. 3:23-cv-00770-RFL, to support plaintiff Derek Mobley’s (“Mobley”) motion to dismiss.

The EEOC’s action is ...