Should we be litigating against job boards that advertise fake jobs?

Should we be litigating against ATS and AI hiring companies that quietly screen people out and call it innovation?

Because right now, the hiring market looks less like a marketplace and more like a rigged system.

People are applying to roles that may never have been real. Then they’re getting filtered out by software they never get to question.

No interview. No feedback. No explanation.

Just silence.

And when candidates raise it, they get told the same tired line:

“The ATS doesn’t discriminate.”

That excuse is wearing thin.

Workday is already facing litigation over allegations that its AI hiring tools screened out people over 40. Eightfold is under scrutiny for candidate scoring. HireVue has been challenged over automated interview assessments.

Different companies. Same problem.

If a platform is advertising fake jobs, and another is using automated screening that disproportionately knocks out real people, then we need to stop pretending this is just “technology.”

It’s gatekeeping.

And when the gatekeeper is opaque, unaccountable, and profitable, litigation starts to look less like overreach and more like the only language these companies understand.

Gen Z gets locked out at the start. Experienced candidates get locked out later. Employers lose the people they actually need.