A performance score built by scanning keystrokes, screen activity, emails, and browser history has one blind spot: it cannot record work that was never done because the worker was legally absent. That is the heart of a lawsuit filed late Monday in federal court in Oakland by 26 former Meta employees.
They were among the roughly 8,000 people, about 10% of Meta's staff, told in May their jobs would be eliminated. Each of the 26 had taken protected medical, parental, or family leave, or asked for a disability accommodation. The complaint says Meta ranked workers for the cuts using internal AI systems, activity-monitoring data, token-usage dashboards, and algorithmically assisted performance rankings, and that such scores, by design, cannot be accumulated by someone on leave.
A system that measures output over several months, then ranks people by it, reads a parental leave as a run of low output; it cannot tell the parent who was legally away from someone who did little while at their desk. Because women take most pregnancy and caregiving leave, the plaintiffs argue, the ranking fell harder on them.
Meta rejects the claim, saying workforce decisions "were and are made by people, not AI." The workers are asking the court to pause their separations, set for July 22, while they pursue arbitration. They also say Meta never tested its scoring systems for bias, which they argue breaks recently adopted laws in California and New York City that require exactly that check.