The Chad & Cheese Podcast Unfolding the Eightfold Lawsuit
Feb 17, 2026
Rachel Dempsey, Associate Director at Towards Justice who leads litigation on AI hiring and FCRA claims. She discusses a landmark class-action targeting opaque algorithmic hiring, how alleged secret consumer reports score applicants, and why existing law may force transparency around AI-driven hiring tools.
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Ski Lesson And Hot Chocolate
- Rachel Dempsey shared a personal moment about her three-year-old's first ski lesson and hot chocolate highlight.
- The small family anecdote humanized her amid dense legal discussion.
FCRA Is Broader Than You Think
- The Fair Credit Reporting Act covers far more than traditional credit reports and was designed to limit secret, reputation-based data uses.
- Rachel Dempsey argues AI hiring profiles fit FCRA's broad definition because they report on character, personal characteristics, and reputation.
Predictions Are Treated Like Reports
- Eightfold's outputs go beyond resumes into inferences and predictions about future skills, career paths, and suitability.
- Those unverifiable inferences resemble credit reports and can be invasive and determinative for job outcomes.