Derek Mobley says he applied for more than 100 jobs at companies that all used the same hiring platform. His claim is that the rejections came back fast and at odd hours, including the middle of the night, and he points to that speed as evidence that software, not a person, made the call. The vendor, Workday, says its technology doesn’t make hiring decisions. That’s still unproven either way. But in June 2026 a federal judge again refused to dismiss most of the discrimination claims, so the case keeps moving. Now a different story, with a different cause. iTutorGroup’s application software was set up to automatically reject women aged 55 or older and men aged 60 or older, and more than 200 qualified US applicants were turned away. How did anyone find out? One applicant was rejected right away with her real birth date, then reapplied a day later with everything the same except a more recent birth date, and got an interview offer. The company paid $365,000 to settle. (The company denied the allegations in the settlement.) In one case the rule was allegedly written on purpose. In the other, the claim is that the system picked up patterns on its own. Either way, someone got a rejection that no person reviewed, and the employer owned the outcome. Here are the questions to ask your hiring vendor this week: Does any step reject or rank candidates without a human looking? What data was it trained or tuned on? Has anyone tested it for bias, and can you see the results? Which inputs does it use? Ask specifically about age, graduation dates, employment gaps and names. Can you turn off automatic rejection? Who pays if it goes wrong, you or them? Then try the birthday test. Submit two test applications that are identical except for one detail, like a graduation year or a name, and see whether the outcome changes. It’s the same trick that exposed the iTutorGroup software. On the legal side, the rules keep changing, so check with counsel. As of now, New York City’s bias audit rule has applied since July 2023, California’s automated decision regulations since October 2025, and Illinois’ amended Human Rights Act since January 2026. Illinois requires you to notify applicants and employees when AI is used in hiring, promotion, discharge or discipline.