In a July 24, 2026, article published by Law.com, Brian Markovitz discusses the growing role of AI in employment litigation and the recent lawsuit against Meta involving AI.
Meta Platforms Inc. faces an employment lawsuit alleging the company relied on artificial intelligence and algorithmic inputs to make termination decisions without properly accounting for employees with disabilities or those on medical or family leave.
While two California cases—Mobley v. Workday and Kistler et al. v. Eightfold AI Inc.—focus on AI in the hiring process, the Meta case appears to be the first to challenge the use of AI in employment terminations.
In his interview with Law.com, Brian explains that the case could mark a new “wave of the future” in employment litigation, potentially ushering in more lawsuits involving AI. He also notes that the lawsuit’s focus on Meta may be intended to send a message to major technology companies and other organizations that rely heavily on AI.
“It certainly gets people’s attention, because it is one of the big powerhouses in tech,” Brian said in his interview. “… It’s definitely a strategy, I think, to… try to get some sort of judicial oversight and some attention to AI being used [as] a way of measuring human beings’ productivity.”
Read the full article, “‘Wave of the Future’: Meta Faces Novel Suit for Allegedly Using AI Systems to Fire Workers.” (PDF)