ACLU Files California Bias Complaint Against Criteria Corp.'s Emotify Tool

HR Dive · United States · Oct 9, 2026

The ACLU and ACLU of Northern California filed a complaint with the California Civil Rights Department alleging that Criteria Corp.'s Emotify emotional-intelligence assessment may unlawfully screen out autistic applicants and constitutes a prohibited pre-offer medical examination under the state's Fair Employment and Housing Act. The complaint also flags potential race and gender disparities in Criteria Corp.'s cognitive aptitude tool, Cognify, citing the company's own developers as sources. The action follows ongoing litigation against Workday over similar FEHA claims. Staffing firms and employers using third-party hiring assessments face growing compliance exposure in California and should audit vendors for documented disparate impact data and accommodation procedures.