NEWS & ANALYSIS | WORK & POWER
Meta has now given a sworn account of how it selected workers for its May 2026 layoffs. The company says AI played no part. That answer matters. It also shows why accountability cannot stop with the final person who applies a rule.
By Andrew McDonald · Immortal AI
Meta’s answer is categorical.
In a sworn declaration filed in a California federal court on 23 July 2026, a senior human-resources director said AI did not select anyone for termination, assist decision-makers, calculate performance scores, rank employees or influence the criteria used in Meta’s May reduction in force.
That is evidence filed in court by a named company official under penalty of perjury. It deserves to be reported plainly.
It does not, however, resolve the dispute.
Twenty-six workers allege that Meta’s process disadvantaged people who had disabilities, sought workplace accommodations or took protected medical, pregnancy, parental or family leave. Meta denies those allegations. The court has not decided who is right. The workers’ underlying claims are expected to proceed in private arbitration.
The important question has therefore moved. If AI did not make the decisions, how should the people, criteria and records behind them be tested?
What Meta says happened
Meta says the layoffs were a structural reorganisation driven by business needs. According to the declaration of Linh Doan, Meta’s Director of Human Resources Business Partner Enablement, the company divided employees into decisional units and smaller cohorts. Business leaders documented why each group needed to change, then selected from permitted criteria tied to that rationale.
Those criteria could include job level, historical performance, the most recent performance rating, tenure, location, job function, specialised skills and what Meta calls “spans and layers”: the number of people reporting to a manager and the number of reporting levels between an employee and Mark Zuckerberg.
Doan said decision-makers could not use leave history, disability, accommodation requests or other protected characteristics. She also said they could not see workers’ leave information during the selection process.
The declaration states that Meta’s performance ratings were assigned by managers without AI-assisted scoring or ranking. It also denies that AI-token usage, AI-adoption metrics, a “second brain” system or activity-monitoring data formed part of the selection criteria.
For the four plaintiffs whose work visas gave the court particular concern, Meta provided individual explanations. It said two were selected using job level and performance, one because the required skills had changed, and one because of a performance rating assigned before the health condition and leave request at issue.
These are Meta’s sworn claims. They have not been tested through a final hearing or full discovery.
What the court actually decided
US District Judge William Orrick refused to stop the layoffs. That ruling did not decide that Meta’s process was lawful. It did not establish that AI was used. It did not establish that AI was not used.
The judge refused emergency relief because the workers had not shown the irreparable harm required for a temporary restraining order. The merits of their discrimination and retaliation allegations were not resolved.
Orrick also required Meta to explain why four visa-sponsored plaintiffs were selected. Meta’s 23 July declaration was filed in response.
The workers’ lawyers argue that the records needed to test Meta’s account are controlled by the company. Meta says its documented criteria and review process show that decisions were made by people for legitimate business reasons. That contest remains open.
A person can make a decision inside a system
The phrase “people made the decision” can be accurate and still incomplete.
A person may decide which criteria are permitted. Another may apply them. A manager may have created an earlier performance rating. Human-resources staff may review whether the rules were followed. Software may store, organise or display the information.
Responsibility does not disappear simply because no model produces a final name.
The relevant chain is who designed the process; who chose the comparison groups and criteria; where the performance records came from; whether protected absences could affect those records; who checked for unequal outcomes; and what authority reviewers had to correct a problem.
Meta says its criteria were neutral, fixed in advance and applied consistently. That is meaningful evidence of process discipline.
But consistency is not the same as fairness in every case. A rule can be applied uniformly and still create an unequal effect if the underlying measure disadvantages a protected group. That is an allegation, not a finding about Meta. It is also why the evidence must reach beyond the final click.
The performance record is now central
Meta’s declaration places substantial weight on performance history. The company says ratings came from its standard review process and were assigned by managers without AI-assisted scoring or ranking. For one visa-sponsored plaintiff, Meta says the relevant rating predated the worker’s health condition and leave request. For another, Meta says thirteen people in the same cohort who were on leave or had recently taken leave were retained.
Those details cut against a simple claim that leave automatically produced selection.
They do not prove every rating, cohort or decision was free from bias. The workers would need evidence showing where the process broke down: an inaccurate rating, a leave-related gap treated as poor performance, a distorted comparison group, a hidden input, inconsistent application or an outcome pattern unexplained by the stated business rationale.
That is a more demanding case than saying an AI system made a list. It is also the right evidentiary question.
What an audit should show
Whether a workforce decision is automated, assisted or manual, an accountable employer should be able to reconstruct it.
A credible record should show the business rationale, permitted criteria, source of each input, who applied the rule, what was excluded, how leave and accommodation were protected, what outcome testing was conducted and what happened when a result looked wrong.
The audit should reach backwards. Testing only the final list can miss problems embedded in performance records or group definitions. Testing only the software can miss decisions made through policy, management pressure or organisational design.
The opposite error is also possible. Calling a process “AI-driven” merely because AI existed somewhere in the workplace can exaggerate the technology’s role and obscure the actual decision-makers.
The purpose of an audit is not to find a machine to blame. It is to find the point at which evidence, judgement and responsibility entered the process.
Private arbitration may limit what the public learns
The dispute is expected to move largely through individual arbitration because of Meta’s employment agreements. Arbitration may resolve the workers’ claims. It may also mean less evidence, testimony and reasoning becomes public than in open court.
That matters beyond Meta. Employers are introducing AI into performance management, recruitment, productivity measurement and workforce planning. Courts, regulators, workers and other companies need examples showing what a defensible process looks like and what evidence reveals a discriminatory one.
The question after “people decided”
Meta has put forward a detailed account: people made the decisions, criteria were documented, AI was excluded, protected information was unavailable to decision-makers and individual selections had business explanations.
That account should not be dismissed because it complicates the original allegation. It should be tested.
The workers’ allegations should be treated the same way. They are serious, but remain allegations until supported by evidence and decided through the appropriate process.
When a company says a person made the decision, the next question is not whether that person clicked the final button. It is whether the entire decision chain can be reconstructed, examined and defended.
Principal sources
- Meta Platforms: Declaration of Linh Doan, 23 July 2026
- Reuters: US judge will not block Meta layoffs, 17 July 2026
- Reuters: Workers allege Meta used AI in layoff selection, 14 July 2026
- Associated Press: Twenty-six Meta employees sue over layoffs, 14 July 2026
Editorial disclosure: This article was developed with assistance from artificial intelligence. Its sources, claims and conclusions were reviewed by Immortal AI’s editor before publication.


