The Rise of ‘Algorithmic Retaliation’ in Employment
Summary
Two court cases highlight how companies like Meta may use AI-based systems that assess employee performance in ways that can hide retaliation against workers who report harassment or take leave. These systems might unfairly rate employees who reduce output due to stress or medical reasons, making it harder to prove discrimination or retaliation.Key Facts
- Workplace retaliation used to be easier to see, such as denied promotions or forced resignations.
- Now, retaliation can appear as low performance scores generated by computer systems employees do not fully understand.
- Kelly Stonelake sued Meta, alleging sexual harassment complaints were ignored and she faced retaliation including being passed over for promotion and laid off.
- Another lawsuit from Meta employees claims AI-based performance tools unfairly targeted those on medical, parental, or disability leave during layoffs.
- Meta denies wrongdoing and says human managers made final layoff decisions, not AI.
- Algorithmic systems can label employees with lower activity due to leave as underperforming, potentially disguising retaliation.
- Courts are beginning to address how to handle cases where AI-based decisions may perpetuate workplace discrimination.
- Lawyers advise workers to watch for sudden changes in reviews after complaints, mentions of scoring tools during termination talks, and keep records of complaints and performance evaluations.
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