July 13, 2026
AI Selection Procedure Lands Employer in Court
A lawsuit filed July 13th alleges Meta used an artificial intelligence system named “Metamate” to select 26 employees (ten percent of its workforce) for a reduction in force. That alone might have been fine. The alleged problem is that Metmate’s selections adversely impacted employees who were pregnant, had taken job-protected leave, or were otherwise protected under federal or state law. The suit alleges the selection procedure violated the:
- Americans with Disabilities Act (ADA)
- Family and Medical Leave Act (FMLA)
- Pregnancy Discrimination Act
- Pregnant Workers Fairness Act
- Title VII of the Civil Rights Act of 1964
- and the laws of at least six states, plus DC.
How did that happen? The suit alleges Metamate used “protected-leave time, output reductions correlated with pregnancy and disability (leave), and other inputs” as a part of its selection procedure and was “not adequately [tested]…for disparate impact on pregnant employees, leave-takers, or caregivers…” The suit demands, in part, an “independent audit of the algorithmically assisted selection process.”
Lessons learned? AI is only as good as the people who program it. It “learns” based on the information it is provided: GIGO (garbage in, garbage out). Several states have already enacted laws restricting if, when, and how employers may use AI, and impose testing and reporting requirements. No one (or thing) knows your jobs and employees’ performance better than you, the employer. Whether the decision is related to firing, hiring, or any other employment action, rely on your people – management, leadership & HR – more than technology. If you use AI, test it for adverse impact.
Want more examples and tips? Join us this month’s webcast “AI in HR Practices” on Wednesday, July 22nd from Noon – 1:15 p.m. ET. Click here for the agenda and to register. Pre-approved by HRCI & SHRM for 1.25 credits.
