{"meta":{"exportedAt":"2026-10-02T17:24:53.068Z","formatVersion":2,"selection":{"q":"employment","system":"","harm":"","context":"","country":"","role":"","relation":"unknown","evidence":"","year":"","response":"","severity":"","verification":"","view":"incidents","sort":"added"},"totalIncidents":2,"coverage":{"cases":2,"countries":1,"languages":1,"unknownLocation":1,"locationPending":0,"unknownLanguage":0,"unknownDate":0,"lawsuits":1,"regulatory":0,"minors":0,"coreRelations":0,"contextualRelations":0,"mixedRelations":0,"unknownRelations":2,"relationPending":0,"relationUnknown":2},"countingNote":"Distinct public cases in this selection. People counts apply within individual cases only; cross-case person overlap has not been resolved. No population incidence estimate.","affectedCountNote":"Interpret person counts with affectedCountStatus and the reported effects. Unquantified zeros are placeholders, not a measured zero.","source":"AI incidents","publisher":"NOPE","url":"https://nope.net/incidents","license":"CC BY 4.0"},"incidents":[{"id":"2023-harper-v-sirius-xm-alleged-ai-hiring-screening","caseFacts":{"claims":[{"id":"c1","status":"documented","evidence":[{"locator":"'On August 4, 2025, he filed the instant federal lawsuit alleging race discrimination'; 'specifically through its alleged use of AI-powered recruiting tools integrated into the ATS that Defendant uses to screen applications'; 'brings a class'; 'alleging employment discrimination in violation of Title VII and'","relation":"supports","source_id":"s1"}],"assertion":"On 4 August 2025 Arshon Harper filed a proposed class action against Sirius XM Radio in the US District Court for the Eastern District of Michigan, alleging race discrimination under Title VII and Section 1981 through the company's alleged use of AI-powered recruiting tools to screen applications.","causal_attribution":"Established by the court's order, which recites the filing."},{"id":"c2","status":"documented","evidence":[{"locator":"'he applied for'; 'approximately 150 positions with Sirius XM'; 'all but one of his applications were rejected before the interview stage'; 'he received a 30-minute interview for a role in IT Desktop Support, but was rejected post-interview'","relation":"supports","source_id":"s1"},{"locator":"'Harper applied to 150 job openings at Sirius XM and was rejected for each, receiving only one interview.'","relation":"supports","source_id":"s2"}],"assertion":"The complaint, as recited in the court's order, alleges that from November 2023 to November 2024 Harper applied for approximately 150 positions at Sirius XM for which he was qualified, that all but one application was rejected before the interview stage, and that after one 30-minute interview he was also rejected.","causal_attribution":"The order documents the content of the complaint; the rejections themselves are allegations that the court accepted as true only for the purpose of the motion."},{"id":"c3","status":"disputed","evidence":[{"locator":"'utilizes algorithmic decisionmaking tools provided by third-party vendor iCIMS in its hiring process'; 'such as candidate-matching and shortlisting features'; 'Plaintiff alleges upon information and belief that the iCIMS AI/ML tools used by Sirius XM evaluate applicants using data points that act as proxies for race'; 'such as educational institutions, employment history, and zip codes'","relation":"supports","source_id":"s1"},{"locator":"'does not, nor has it ever, used iCIMS or any other AI/Machine Learning tool in the hiring process'","relation":"contradicts","source_id":"s1"},{"locator":"'Even assuming that Defendant uses AI/ML in the hiring process'","relation":"context","source_id":"s1"}],"assertion":"Sirius XM used AI and machine-learning features of the iCIMS applicant tracking system, such as candidate matching and shortlisting, to screen and reject job applicants, and those tools evaluate applicants using data points that act as proxies for race, such as educational institutions, employment history and zip codes. The complaint alleges this, partly upon information and belief, as recited in the court's order; Sirius XM says it has never used iCIMS or any AI tool in hiring, and the court did not decide the question.","causal_attribution":"The plaintiff's allegation as recited by the court, contested by the company's stated position; unresolved."},{"id":"c4","status":"documented","evidence":[{"locator":"'does not, nor has it ever, used iCIMS or any other AI/Machine Learning tool in the hiring process'; 'Defendant maintains that it previously communicated to Plaintiff that it does not use AI'; 'The Court therefore excludes the EEOC Statement'","relation":"supports","source_id":"s1"}],"assertion":"The order records Sirius XM's position, quoted from its EEOC position statement, that it 'does not, nor has it ever, used iCIMS or any other AI/Machine Learning tool in the hiring process', and the company's contention that it told the plaintiff it does not use AI during the EEOC process and later through his counsel. The court excluded the position statement from its consideration of the motion.","causal_attribution":"The order records the company's position and contention; the court excluded the position statement and did not decide whether the company used AI."},{"id":"c5","status":"documented","evidence":[{"locator":"'Even assuming that Defendant uses AI/ML in the hiring process, Plaintiff has not pleaded factual allegations sufficient to explain how'; 'DIMISSED WITHOUT PREJUDICE'; 'Dated: September 30, 2026'","relation":"supports","source_id":"s1"},{"locator":"'failed to establish a viable claim of employment discrimination, regardless of whether the company actually uses the artificial intelligence tools that he alleged'","relation":"supports","source_id":"s2"}],"assertion":"On 30 September 2026 Judge Terrence G. Berg granted Sirius XM judgment on the pleadings and dismissed the complaint without prejudice, holding that even assuming the company used AI in hiring, Harper had not pleaded facts explaining how it could have been used to discriminate against him by race.","causal_attribution":"The order itself."}],"effects":[{"label":"rejection of all but one of about 150 job applications, which the applicant attributes to AI screening (complaint allegation; the employer denies using AI)","claim_id":"c2","direction":"negative"}],"sources":[{"id":"s1","url":"https://storage.courtlistener.com/recap/gov.uscourts.mied.387495/gov.uscourts.mied.387495.19.0.pdf","kind":"court_order","access":"read","language":"en","translation_note":"Read in English on 2026-10-02: Order Granting Defendant's Motion for Judgment on the Pleadings, ECF No. 19, Harper v. Sirius XM Radio, LLC, No. 2:25-cv-12403 (E.D. Mich. 30 September 2026), 20 pages, free RECAP copy.","independence_group":"mied-harper-docket"},{"id":"s2","url":"https://news.bloomberglaw.com/daily-labor-report/sirius-xm-wins-dismissal-of-ai-related-racial-hiring-bias-claims","kind":"news_report","access":"read","language":"en","translation_note":"Read in English on 2026-10-02 up to the paywall (headline and first three paragraphs of the Bloomberg Law report by Chris Marr, 1 October 2026).","independence_group":"bloomberg-law"}],"version":1,"ai_roles":["institutional_use"],"contexts":["work"],"unknowns":["Whether Sirius XM used any AI or machine-learning screening tool on these applications.","Why the applications were rejected.","Whether the plaintiff will amend, refile or appeal."],"geography":{"basis":"The order describes the plaintiff as from Detroit, Michigan, and the case was decided in the US District Court for the Eastern District of Michigan. It does not say where the applications were processed, so no event country is recorded.","court_countries":["US"],"event_countries":[],"affected_person_countries":["US"]},"publication":{"basis":"Published as a contextual case of an applicant who attributes repeated job rejections to an employer's alleged AI screening, with the employer's denial and the dismissal on the pleadings recorded from the court order. The plaintiff sues in his own name; the AI connection is disputed and unestablished.","reviewed_on":"2026-10-02"},"ai_involvement":{"basis":"The applicant alleges, on information and belief, that iCIMS AI screening features made or shaped the rejections, which would be a decision about him. Sirius XM says it has never used iCIMS or any AI tool in hiring, and the court did not decide the question. Because the AI system's role in any decision about him is not established, the relation is recorded as unknown.","status":"disputed"},"person_relations":["unknown"]},"name":"Harper v. Sirius XM: an applicant says AI screening tools rejected nearly all of about 150 job applications on the basis of race; the company denies using AI in hiring and a federal court dismissed the complaint without prejudice","summary":"Arshon Harper, a job applicant from Detroit, sued Sirius XM Radio in August 2025, alleging that AI screening tools in the iCIMS applicant tracking system rejected him because of his race. According to the complaint, as recited by the court, he applied for about 150 positions between November 2023 and November 2024 and all but one application was rejected before the interview stage. Sirius XM's EEOC position statement says it has never used iCIMS or any AI tool in hiring, and the company says it told the plaintiff's counsel the same; the court excluded that statement from its ruling. On 30 September 2026 a federal judge in Michigan dismissed the complaint without prejudice. The judge held that, even assuming AI was used, the complaint did not explain how it could have discriminated against him. The rejections and the AI connection are allegations, and the AI connection is disputed.","incidentDate":"2023-11-01","incidentEndDate":"2024-11-30","incidentKind":"bounded_series","incidentDatePrecision":"range","exposurePattern":"repeated_interactions","reportedDate":"2026-10-01","aiSystem":"AI and machine-learning features of the iCIMS applicant tracking system (candidate matching and shortlisting), alleged by the plaintiff on information and belief; Sirius XM denies using them","aiProduct":"iCIMS AI screening tools (reported)","aiCompany":"iCIMS","severity":"low","verificationStatus":"unverified","harmCategories":[],"harmOutcomes":["professional_harm"],"harmOutcomeSummary":"The applicant says all but one of about 150 applications to Sirius XM were rejected before interview and attributes this to race discrimination by AI screening tools; the employer denies using AI and the court found the complaint did not plausibly link any tool to discrimination (allegation, disputed).","frameworkFacets":[],"causationStatus":"disputed","participantUsersAffectedMin":0,"otherPeopleHarmedMin":1,"affectedCountStatus":"exact","affectedCountEvidence":"One person: the plaintiff, who reports the rejections. No other class members are identified (the order notes none). He was an applicant to an employer that allegedly used the tool, so he is counted among people affected through institutional use. Exact 1.","victimAgeRange":"adult","jurisdiction":"US-MI","platformType":"other","outcomeType":"lawsuit_dismissed","outcomeStatus":"resolved","primarySourceUrl":"https://storage.courtlistener.com/recap/gov.uscourts.mied.387495/gov.uscourts.mied.387495.19.0.pdf","primarySourceLabel":"Order granting judgment on the pleadings, Harper v. Sirius XM Radio (E.D. Mich.), 30 September 2026","firstPublishedAt":"2026-10-02T03:21:01.983585+00:00","updatedAt":"2026-10-02T03:21:01.983585+00:00","scopeVersion":"facts-v3","tags":["lawsuit","hiring","employment","applicant-screening","icims","race-discrimination","dismissed","institutional-use"]},{"id":"2026-montefiore-nurses-replaced-ai-layoffs","caseFacts":{"claims":[{"id":"c1","status":"reported","evidence":[{"locator":"Paragraphs 1-2 and 13: 39 years; 'one of 12 nurses who were laid off Sunday'; 'on 28 May, when all 12 nurses in her department received 45-day notices'.","relation":"supports","source_id":"s1"},{"locator":"Paragraphs 1-7: NYSNA alleges Montefiore plans to lay off nurses; one of 12 nurses slated to be laid off after 39 years; council member asks Montefiore to stop the 45-day displacement clock.","relation":"context","source_id":"s2"}],"assertion":"According to the Guardian’s 13 July 2026 report, twelve utilization-review nurses at Montefiore hospital in the Bronx, one with 39 years’ service, received 45-day layoff notices on 28 May and were laid off on 12 July.","causal_attribution":"The Guardian reports the completed layoffs from the union and nurse account. Its “Sunday” reference in the Monday 13 July article resolves to 12 July 2026; Norwood News on 2 July reports plans only. Montefiore did not specifically comment on the layoffs."},{"id":"c2","status":"disputed","evidence":[{"locator":"Opening layoff account attributes replacement by AI-powered software to NYSNA; the utilization-review passages describe nurses reading patient charts and justifying care to insurers.","relation":"supports","source_id":"s1"},{"locator":"The passage about nurses at the town hall raising concerns about the company selected for the proposed work names Datavant and attributes the information to union officials. The utilization-review section describes chart review and insurer approvals.","relation":"supports","source_id":"s2"},{"locator":"TechSpot relays the Guardian and union account, including Datavant. It is not independent confirmation of the asserted reason for the layoffs.","relation":"context","source_id":"s3"},{"locator":"Final employer-response paragraphs: Montefiore calls the union’s claims inaccurate and misleading and describes a nonclinical paperwork program; it does not specifically address the layoffs.","relation":"contradicts","source_id":"s1"},{"locator":"Final employer-response passage quotes Montefiore spokesperson Joe Solmonese calling NYSNA’s claims inaccurate and misleading and saying the hospital invests in technology to improve care and outcomes. It does not explain the particular program or address the layoffs specifically.","relation":"contradicts","source_id":"s2"}],"assertion":"The New York State Nurses Association says the nurses were replaced by AI-powered software, reported as supplied by Datavant, that reviews patient records to justify care to insurers.","causal_attribution":"Union attribution disputed by the employer."},{"id":"c3","status":"reported","evidence":[{"locator":"Paragraphs 8-12: contracts after the strike included AI safeguards; union executive says the layoffs violate the contract; workflow changed without explanation.","relation":"supports","source_id":"s1"},{"locator":"Paragraph 4: council member calls on Montefiore to abide by the nurses' contract.","relation":"context","source_id":"s2"}],"assertion":"The union says the layoffs violate the contract won after the January 2026 strike, which included safeguards against AI; the nurses say their workflow changed without explanation when they returned in February.","causal_attribution":"Union and nurses' account; no arbitration or legal finding reported."}],"effects":[{"label":"loss_of_employment","claim_id":"c1","direction":"negative"}],"sources":[{"id":"s1","url":"https://www.theguardian.com/technology/2026/jul/13/nurses-new-york-ai","kind":"news_report","access":"read","language":"en","translation_note":"Read in English on 2026-09-15; datePublished 2026-07-13.","independence_group":"guardian"},{"id":"s2","url":"https://www.norwoodnews.org/nysna-allege-montefiore-plans-to-replace-some-nurses-with-ai-systems/","kind":"local_news","access":"read","language":"en","translation_note":"Read on 2026-09-15; published 2026-07-02, before the layoffs took effect.","independence_group":"norwood"},{"id":"s3","url":"https://www.techspot.com/news/113092-new-york-hospital-replaces-12-nurses-ai-prompting.html","kind":"tech_news_relaying_guardian","access":"read","language":"en","translation_note":"Read in English on 2026-09-15; relays the Guardian and union statements. Datavant is also named in the earlier Norwood News report; the supplier attribution remains the union’s.","independence_group":"guardian"},{"id":"s4","url":"https://www.wnylabortoday.com/news/2026/07/16/new-york-city-labor-news/it-should-concern-every-patient-who-cares-about-their-quality-of-care-twelve-laid-off-nysna-represented-nurses-at-montefiore-hospital-in-the-bronx-are-being-replaced-by-artificial-intelligence/","kind":"labor_news_relaying_guardian","access":"read","language":"en","translation_note":"Read on 2026-09-15; summary of the Guardian report.","independence_group":"guardian"}],"version":1,"ai_roles":["institutional_use"],"contexts":["work","health"],"unknowns":["Datavant is named in Norwood News’s reporting of the union’s account and in TechSpot. The inspected sources do not independently verify the supplier, deployment details or asserted replacement of nurses by AI; Montefiore disputes the union’s characterization.","Whether the nurses were offered other positions, and whether a grievance or arbitration followed, is not reported.","No patient harm is documented; the union's concerns about missed diagnoses are predictions.","Montefiore's precise description of the program is limited to the quoted statement."],"geography":{"basis":"Event and affected persons: Montefiore hospital in the Bronx, New York City (Guardian; Norwood News). No court proceeding is reported.","court_countries":[],"event_countries":["US"],"affected_person_countries":["US"]},"publication":{"basis":"Published under the 2026-09-15 charter as a work-context adverse experience: twelve identified job losses that the union attributes to an AI deployment and the employer disputes. One nurse who spoke publicly is not named here.","reviewed_on":"2026-09-15"},"ai_involvement":{"basis":"The nurses' union says the 12 utilization-review nurses were replaced by AI-powered software (identified as Datavant in Norwood News and TechSpot, both attributing the information to the union). Montefiore calls the union's claims inaccurate and misleading and describes the change as a nonclinical paperwork program; it did not comment on the layoffs specifically.","status":"disputed"},"person_relations":["unknown"]},"name":"Bronx: twelve Montefiore utilization-review nurses laid off; their union says AI software replaced them, the hospital disputes it","summary":"According to the Guardian’s report from the union and nurse account, on 12 July 2026 twelve utilization-review nurses at Montefiore hospital in the Bronx, New York, were laid off after receiving 45-day notices on 28 May. The New York State Nurses Association says they were replaced by AI-powered software that reviews patient records to justify care to insurers, and that the layoffs breach the contract with AI safeguards won after the January 2026 strike. Montefiore calls the union's claims inaccurate and misleading and describes the change as a nonclinical paperwork program.","incidentDate":"2026-05-28","incidentEndDate":"2026-07-12","incidentKind":"single_event","incidentDatePrecision":"range","exposurePattern":"unknown","reportedDate":"2026-07-02","aiSystem":"AI-powered utilization-review software (reported by the union as supplied by Datavant)","aiProduct":"Datavant utilization-review software (reported)","aiCompany":"Montefiore Medical Center (deployer); Datavant (reported supplier)","severity":"medium","verificationStatus":"credible","harmCategories":[],"harmOutcomes":["professional_harm"],"harmOutcomeSummary":"Twelve nurses lost their jobs; their union attributes the layoffs to an AI software deployment that the hospital characterises differently.","frameworkFacets":[],"causationStatus":"disputed","participantUsersAffectedMin":0,"otherPeopleHarmedMin":12,"affectedCountStatus":"exact","affectedCountEvidence":"Twelve nurses in one department received notices and were laid off (Guardian; Norwood News). No patient harm is documented.","victimAgeRange":"adult","outcomeType":"media_coverage","outcomeStatus":"ongoing","primarySourceUrl":"https://www.theguardian.com/technology/2026/jul/13/nurses-new-york-ai","primarySourceLabel":"The Guardian, 13 July 2026: 'The New York nurses replaced by AI: It should concern every patient who cares about quality of care'","firstPublishedAt":"2026-09-15T03:23:47.418469+00:00","updatedAt":"2026-09-30T01:17:45.890086+00:00","scopeVersion":"facts-v3","tags":["work","layoffs","hospital","utilization-review","nurses","institutional-use"]}]}