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Job Seekers Sue Eightfold AI, Seeking FCRA Oversight of Résumé-Scoring Tool

Plaintiffs seek FCRA coverage to compel disclosure of data sources, scoring methods, dispute rights.

Overview

  • A proposed class action filed in California argues Eightfold AI functions like a consumer reporting agency and should be governed by the Fair Credit Reporting Act.
  • The complaint alleges Eightfold built a vast dataset by scraping LinkedIn profiles and assigns applicants opaque 0–5 match scores that influence hiring decisions.
  • Plaintiffs say applicants cannot view their scores or challenge errors, with lead plaintiff Erin Kistler reporting only 0.3% of thousands of applications led to follow-ups or interviews.
  • The case is being handled by nonprofit firm Towards Justice, whose executive director David Seligman says existing laws should apply to AI-based hiring tools.
  • Eightfold did not respond to a New York Times request for comment, and observers note the suit adds to wider legal scrutiny of automated employment screening.