market · May 22, 2026
Lawsuit Against Eightfold AI Over Alleged Secret Applicant Scoring Continues
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The class action lawsuit Kistler et al. v. Eightfold AI Inc., filed January 20, 2026, in California's Contra Costa County Superior Court, alleges Eightfold AI secretly generated consumer reports scoring job applicants on a 0-5 scale without FCRA-required disclosures or dispute mechanisms. Plaintiffs Erin Kistler and Sruti Bhaumik, represented by Outten & Golden and Towards Justice with involvement from former EEOC chair Jenny R. Yang, claim the platform used by Microsoft, PayPal, and other employers scraped data on over one billion workers and discarded low-ranked candidates before human review. The case remains active as of May 2026 with no bias claims but focuses on lack of transparency under consumer reporting laws.