How do they prove this? It sounds like the plaintiffs basically claimed they were rejected a bunch of times and since the resume had recognizable indicators of protected classes they must have been discriminated against?

Don’t get me wrong, I do this work, and Workdays statement of “we don’t use protected classes” instead of “we test our models to prove they are unbiased when given recognizable indicators of protected classes” is pretty telling. Because it’s hard and if you solved it you would be proud. If you don’t control for it it WILL discriminate. See Amazon’s experiment a decade ago.

I’m just really curious how all this plays out in front of a judge.