Who's Involved?
This case names the employer, not the software vendor, as the defendant - a contrast with Mobley v. Workday, where the AI vendor itself is on the hook.
Arshon Harper
Arshon Harper is the named plaintiff, who alleges he applied to approximately 150 positions at Sirius XM Radio and was rejected from all but one, despite meeting or exceeding the stated qualifications for those roles. He filed this case as a proposed class action, seeking to represent other Black applicants who went through the same automated screening process. (source: PacerMonitor docket)
Sirius XM Radio, LLC
Sirius XM Radio, LLC is the sole named defendant - the satellite radio company that used the AI screening tool to process Harper's job applications. Unlike Mobley v. Workday, where the AI vendor is sued directly alongside or instead of the employer, this case is entirely about Sirius XM's own decision to deploy and rely on an automated tool, and the outcomes that resulted. (source: PacerMonitor docket)
iCIMS - used, but not sued
Reporting on the case identifies Sirius XM's applicant-tracking system as built on iCIMS, a widely used commercial recruiting-software platform. iCIMS itself is not a party to this lawsuit - the claims are directed entirely at Sirius XM's use of the tool, not at iCIMS as the tool's maker. That mirrors the pattern in Baker v. CVS Health, also tracked on this site, where the AI vendor (there, HireVue) was used but not sued. (source: Fisher Phillips)
The court
The case is pending in the U.S. District Court for the Eastern District of Michigan, before Judge Terrence G. Berg, with Magistrate Judge Anthony P. Patti handling referred matters. Harper is represented by counsel from Gregory, Moore, Brooks & Clark, P.C. and Winston Cooks, LLC; Sirius XM is represented by Jackson Lewis P.C. (source: PacerMonitor docket)
For what actually happened and when, see the timeline.
Sources (all publicly accessible)
- PacerMonitor: Harper v. Sirius XM Radio, LLC — docket summary mirroring the federal court record.
- Fisher Phillips — law firm summary of the allegations, including the iCIMS detail.