In May 2023, Meta announced it would lay off approximately 8,000 employees, which constituted about 10% of its workforce. A lawsuit has been filed by 26 anonymous employees who allege that the layoffs disproportionately affected those on protected medical or family leave. The plaintiffs claim that the company's performance evaluation system, which was influenced by AI, did not account for the reduced output of employees on leave, leading to a discriminatory impact against them. Many of the employees involved had taken leave for pregnancy, caregiving, or medical reasons, and they argue that this practice violates several federal and state laws, including the Family and Medical Leave Act and the Americans with Disabilities Act. The lawsuit highlights the concept of 'disparate impact,' which suggests that seemingly neutral policies can still be discriminatory if they disproportionately affect a protected class. The plaintiffs' lawyers assert that the algorithmic selection process used by Meta unfairly penalizes women, who are more likely to take leave for pregnancy and caregiving responsibilities. The lawsuit seeks to preserve the employment status of the affected workers while the case is arbitrated, emphasizing the irreversible harm that could result from final separations, such as loss of health coverage and other employment benefits.
