As employers increasingly incorporate artificial intelligence into hiring, workforce planning, performance management, and ADA and FMLA decision-making, two high-profile lawsuits are helping define the legal risks ahead: Mobley v. Workday and DOE 1, et al., v. Meta.
While the facts differ, both cases raise questions that should be familiar to every employer managing disability, leave and accommodation issues. Much of the public discussion has focused on whether AI “made” the employment decision. That is certainly important. But from an ADA and FMLA perspective, a second question may be equally significant: Were the data, rankings, and decision criteria feeding the AI system designed in a way that properly accounted for disability-related absences, protected leave, accommodations, and other employee rights?
