Introduction

Age discrimination in recruiting is not new. But in 2025, a US lawsuit against the HR software giant Workday is sending shockwaves through the global talent industry. For the first time, a court is forcing a major tech provider to answer for algorithmic bias against older candidates. What does this mean for professionals over 40, for companies in Europe and the DACH/Nordic region—and for the future of executive hiring in IT sales and cybersecurity?

From Human Bias to Algorithmic Black Box

Traditionally, age bias in hiring was a human problem: Managers and recruiters might see senior candidates as “overqualified,” “too expensive,” or “not adaptive.” Today, however, decisions are increasingly made by software—using algorithms trained on past data. If history was biased, AI will be too.

Example:

A CV with 25+ years of experience is instantly rejected—not because of the person’s skills, but because the system favors “fresh” profiles or screens out certain keywords. Many strong senior candidates don’t even get a chance for an interview—and have no idea why.

The Workday Lawsuit: A Tipping Point for Global Recruiting

In the US case “Mobley v. Workday,” a court ruled that Workday must notify every rejected applicant over 40 who applied via its software since 2020 and invite them to join a class-action lawsuit for age discrimination by AI.

What does this mean?

• Hundreds of thousands of candidates may be affected.

• For the first time, a software provider is being held liable for bias in automated screening.

The European Angle:

With the EU AI Act, European employers and vendors will also be responsible for ensuring fair, unbiased hiring processes. Failing to audit recruitment algorithms or document hiring decisions could become a major legal and reputational risk.

What Companies Should Do Now

• Audit recruitment processes and algorithms for discrimination.

• Document interviews and rejection decisions.

• Train hiring teams to recognize and address unconscious bias, especially age bias.

• Engage with external experts and headhunters to spot blind spots and ensure compliance.

Those who act now will avoid lawsuits, protect their employer brand, and attract more diverse talent.

How Senior Candidates Can Succeed in the Age of AI

This legal shift offers hope for senior professionals—but also requires a proactive approach:

• Don’t be discouraged by automated rejections.

• Optimize your CV for relevant keywords, but stay authentic and results-oriented.

• Leverage personal connections: Build your network, and work with a specialized headhunter.

  (A personal referral can bypass algorithms and get you seen by real decision-makers.)

• Address age questions directly in interviews:

  “Are you concerned about my age or experience? Let me show you how my profile will benefit your team.”

Experience Is Still Your Best Asset—If You Stay Visible and Connected

The nature of bias has shifted—from human to machine—but the solution is the same:

• Highlight flexibility, continuous learning, and proven results in your CV and interviews.

• Collect testimonials showing how you adapt to change.

• Use your network, headhunters, and industry insiders to access the hidden job market.

For employers:

Proactively review your recruitment systems, create transparency, and turn age diversity into a strategic advantage.

Conclusion

The Workday lawsuit is a turning point: Age discrimination is no longer just a human issue—it’s a technological one. Responsibility now lies with all of us—candidates, companies, and society.

If you’re a senior candidate looking to reposition yourself, or an employer aiming for fair, effective recruiting in IT sales or cybersecurity, I’m here to help.