Investigation Underway: Failure to Hire or Promote at Wells Fargo

Sanford Heisler Sharp McKnight is a national employment rights law firm. We are investigating Wells Fargo and its employment application process for Bank Teller and Personal Banker positions. Publicly available sources suggest that Wells Fargo uses Workday to process applications for these positions.  Workday may use algorithmic or AI hiring tools to automate the screening of job candidates. The use of such tools may facilitate unlawful employment practices, including discrimination based on race, ethnicity, gender, age, or disability.

If such biases occur, they may constitute job discrimination in hiring, an unlawful act under federal law. We are investigating potential unlawful hiring and promotional practices that may implicate Wells Fargo and Workday in violations of anti-discrimination laws. These laws include Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and state anti-discrimination statutes.

If you applied online for a Bank Teller or Personal Banker position at Wells Fargo, or are considering applying for one of these positions, please contact our firm today to speak with an experienced employment lawyer about our investigation.

Potential Discrimination in Hiring and Promotions at Wells Fargo

Anti-discrimination laws require employers to consider applicants for hiring and promotions equally, regardless of their race, ethnicity, gender, religion, age or disability status. Algorithmic tools used in employment decisions can fail this fairness requirement.

Employers determine what data is used by an hiring AI tool to screen applicants. This data, compiled by humans, can lead to bias when an AI tool is involved in the recruiting process.

This can occur, for instance, if an employer feeds an AI tool its company’s hiring history to assess a new pool of applicants for a job. If that company has historically hired predominantly white males for the role, algorithm bias can occur. Through the use of the AI tool, the data supplied by the employer disproportionally impacts job applicants who fall outside the categories of white and male, in violation of anti-discrimination laws.

When an AI tool injects bias into the hiring process, it is often called “algorithmic hiring discrimination.” For instance, the Equal Employment Opportunity Commission (“EEOC”) sued iTutor, a Chinese-based company that recruits English-speaking tutors in the U.S. The lawsuit alleged that iTutor programmed its application software to automatically reject female applicants 55 and older and male applicants 60 and older. In 2023, iTutor agreed to a $365,000 settlement to be distributed to the qualified candidates who were automatically rejected on the basis of their age.

The same algorithmic bias can occur when employers use AI or algorithmic hiring tools like Workday to select applicants for promotions. If a person who is part of a protected class applies for a promotion that they are qualified for, but they are denied that promotion, it is possible that algorithm bias in promotions has occurred.

What Is Algorithm Bias? An FAQ

Below are some commonly asked questions about algorithm bias:

Can an algorithm really be discriminatory?
Yes. AI systems make decisions based on data that is inputted by human beings. Patterns emerge from the data used by their developers to train the systems. In the case of employment AI, this often means a company’s historical hiring patterns and employment data. If a company has hired or promoted predominantly white and male workers in the past, and that company trains an AI program using its historical data, then the system will lean in favor of applicants who share these same characteristics.

Can I sue for algorithm bias in a job application?
Yes. As explained above, it is unlawful to discriminate against a job applicant based on their race, ethnicity, gender, age, or disability. If it can be shown that the AI hiring tool led to such discrimination, there is a potential legal claim for algorithm bias.

What Should You Do If You Suspect Algorithm Bias?
You should take notes and document what occurred. You should also contact an attorney so we can discuss your possible claims. Certain legal claims do have deadlines, so it is important to contact someone soon after you suspect algorithm bias.

What is “failure to hire” discrimination?
If someone is denied a position that they applied for and are qualified for, it is possible that the decision not to hire them was based on discrimination. This is important to consider when the applicant was qualified for the position and is a member of a protected legal class based on their age, race, ethnicity, sex, religion, or disability.

What is “failure to promote” discrimination?
A failure to promote claim is similar to a failure to hire claim. This can occur if a person who is part of a protected legal class applies for a promotion that they are qualified for, but they are denied that promotion. It is possible that the decision was based on discrimination.

How can an employment lawyer help if I was denied a job at Wells Fargo
If you were denied a position at Wells Fargo, a lawyer will know the right questions to ask to investigate whether that decision was based on discrimination. If you have a potential discrimination claim, you may have remedies under the law.

Our Attorneys Represent Employees Who Are Denied Positions or Promotions

Sanford Heisler Sharp McKnight has substantial experience advocating for working-class individuals’ employment rights. We regularly litigate against companies for violating anti-discrimination laws, helping wronged individuals recover damages for these violations and secure justice.We have recovered hundreds of millions of dollars on behalf of wronged individuals. This includes a $253 million settlement for pharmaceutical sales representatives who were discriminated against by their employer and a $19.5 million settlement on behalf of female STEM workers who were discriminated against by their employer.

Our experience in tackling employment discrimination – including cases of failure to hire and failure to promote – means we understand the complexities involved in bringing a claim against an employer for unlawful discrimination, even when it’s embedded in algorithms or hidden in hiring practices.