26 Meta employees sue, alleging AI-driven layoff picks hit workers on
medical and parental leave
[July 15, 2026] By
BARBARA ORTUTAY and ALEXANDRA OLSON
A group of 26 Meta employees has sued the company, claiming it used
artificial intelligence systems to select people for layoffs,
disproportionately targeting those on medical, parental or family leave.
They are among the 8,000 employees, or about 10% of its workforce, Meta
said it would lay off in May. The lawsuit filed late Monday in federal
court in Oakland, California, claims the company used internal AI
systems, keystroke and activity-monitoring data, AI token-usage
dashboards and algorithmically assisted performance rankings, among
other methods, to determine who would be laid off.
Many of these scores and ratings “by design, cannot be accumulated by an
employee who is on protected medical or family leave, or whose output is
reduced by a disability,” the lawsuit says. Meta, according to the
lawsuit, did not account for protected leave when taking employees'
scores into account and “did not pause the system for the
individualized, leave- and accommodation-neutral review that the law
requires.”

As a result, people on protected medical or family leave were
disproportionately selected for layoffs, the lawsuit says. Each of the
26 anonymous employees in the lawsuit took protected leave and requested
or received a reasonable accommodation for disability. Though they have
been notified of their layoffs, all 26 remain employed by Meta, with
separations set to begin July 22.
Many workers were on parental leave
Many of the employees in the lawsuit took pregnancy or parental leave,
during which time they wouldn't have worked and thus had their measured
output reduced. Others took medical leave — one disclosed a “serious
health condition and disability” that was approved by Meta's own
provider. But according to the lawsuit, he was “discouraged and deterred
from taking that leave by a manager” who warned that doing so would
result in his selection for the anticipated layoffs. Meta offered no
accommodation for his disability, the lawsuit says.
Meta said in a statement that the claims "lack merit and are not based
on facts. Workforce management and organizational decisions were and are
made by people, not AI.”
About half the plaintiffs had taken leave for caregiving or
pregnancy-related reasons. Eight are women who had taken maternity or
pregnancy-related leave, four are men who had taken parental leave and
one is a woman who had taken leave to care for a family member and later
bereavement leave.
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 The lawsuit says the layoffs
violated several state and federal laws, including the Family and
Medical Leave Act, the Americans with Disabilities Act, the
Pregnancy Discrimination Act and the Pregnant Workers Fairness Act.
Lawsuit cites ‘disparate impact’
The complaint also references “disparate impact liability,” a
longstanding civil rights concept that President Donald Trump's
administration moved to abandon. Disparate impact, codified in Title
VII of the 1964 Civil Rights Act, holds that facially neutral
policies or practices can be discriminatory if they
disproportionately burden a protected class of workers and aren’t
necessary for the job.
The Trump administration has ordered federal agencies to
deprioritize disparate impact liability enforcement, arguing that
its use undermines “meritocracy” and encourages the assumption that
any racial or gender imbalance in a workforce is the result of
discrimination. The order has led the Equal Employment Opportunity
Commission to drop discrimination cases on behalf of some workers.
However, the lawsuit against Meta underscores that companies remain
vulnerable to disparate impact litigation in the age of AI despite
the Trump administration’s efforts to stamp out its enforcement.
Workers are still free to pursue such lawsuits on their own if the
EEOC rejects their complaints, and several state laws specifically
prohibit disparate impact discrimination.
In the case against Meta, lawyers for the plaintiffs argued that the
company’s “algorithmically assisted selection process, by
systematically recording such absences as reduced performance, falls
more heavily on women than on men.” That’s because women
disproportionately take pregnancy and caregiving leave, according to
the lawyers. The lawsuit cites Title VII’s prohibition on employment
practices that have a disparate impact, as well as a landmark 1971
Supreme Court ruling that recognized the doctrine.

The plaintiffs' lawyers said in a statement that the lawsuit asks
for one thing — preserving the status quo to keep the workers
employed pending arbitration. That's because “once these separations
are final, the harms are irreversible: employer-subsidized health
coverage lost during pregnancy, postpartum recovery, and active
medical treatment; time-bound leave rights extinguished; unvested
equity forfeited; and immigration consequences triggered.”
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