Dozens of Companies Are Using Facebook to Exclude Older Workers From Job Ads
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Re: Dozens of Companies Are Using Facebook to Exclude Older Workers From Job Ads
#2Is this different than advertising in a magazine that has a specific reader demographic? Or would that get a company in trouble too, if a the court rules that the intent was to exclude a given group?
Re: Dozens of Companies Are Using Facebook to Exclude Older Workers From Job Ads
#3Is this different than advertising in a magazine that has a specific reader demographic? Or would that get a company in trouble too, if a the court rules that the intent was to exclude a given group?
It's against U.S. federal law for employers to discriminate against people aged 40-or-over on the basis of age. Having job ads that only younger people could see would seemingly fall afoul of that law:
Re: Dozens of Companies Are Using Facebook to Exclude Older Workers From Job Ads
#4Meh, is it really important.
There are many reasons to want younger workers, and there are many reasons you shouldn't want younger workers. I don't find it necessary for the government to step in to help one of the highest paid fields in america.
Re: Dozens of Companies Are Using Facebook to Exclude Older Workers From Job Ads
#5Is this different than advertising in a magazine that has a specific reader demographic? Or would that get a company in trouble too, if a the court rules that the intent was to exclude a given group?
It's against U.S. federal law for employers to discriminate against people aged 40-or-over on the basis of age. Having job ads that only younger people could see would seemingly fall afoul of that law: https://www.eeoc.gov/laws/statutes/adea.cfm
Anyone can pick up a magazine. The question is whether you can put an ad in Young People Monthly because you know it's likely to skew your audience in the direction you want. Without knowing much about the actual law, it seems like an area ripe for gray area maneuvering.
Specifically ad-targeting to 20-35 year olds seems like a much more clear violation of the rules, simply because it is explicit.
Re: Dozens of Companies Are Using Facebook to Exclude Older Workers From Job Ads
#6Meh, is it really important. There are many reasons to want younger workers, and there are many reasons you shouldn't want younger workers. I don't find it necessary for the government to step in to help one of the highest paid fields in america.
Yes: it is illegal in the United States to discriminate in favor of younger applicants. Tech isn't exempt from the law because it's "one of the highest paid fields"; in fact, that makes it more important to enforce the law, not less.
Re: Dozens of Companies Are Using Facebook to Exclude Older Workers From Job Ads
#7Is this different than advertising in a magazine that has a specific reader demographic? Or would that get a company in trouble too, if a the court rules that the intent was to exclude a given group?
It's against U.S. federal law for employers to discriminate against people aged 40-or-over on the basis of age. Having job ads that only younger people could see would seemingly fall afoul of that law: https://www.eeoc.gov/laws/statutes/adea.cfm
Is there any case law regarding this when it comes to physical publications? Because that case law could come into play in deciding the Facebook case.
Hypothetical example: a local employer puts up a job flyer at a college campus, but does not put the flyer up at the senior center across town. I could see a court ruling this illegal, if the employer did this specifically to try to attract younger workers.
Re: Dozens of Companies Are Using Facebook to Exclude Older Workers From Job Ads
#8Is this different than advertising in a magazine that has a specific reader demographic? Or would that get a company in trouble too, if a the court rules that the intent was to exclude a given group?
It's different in that there's no plausible deniability; the intent, which is critically important in adjudicating whether something is lawful, is laid bare by the Facebook interface.
Re: Dozens of Companies Are Using Facebook to Exclude Older Workers From Job Ads
#9Is this different than advertising in a magazine that has a specific reader demographic? Or would that get a company in trouble too, if a the court rules that the intent was to exclude a given group?
Maybe something in between that and say have a custom version of the magazine for each reader then have job ads customized for person's gender, age, sexual orientation, race etc. At some point that becomes illegal it seems.
Re: Dozens of Companies Are Using Facebook to Exclude Older Workers From Job Ads
#10Is this different than advertising in a magazine that has a specific reader demographic? Or would that get a company in trouble too, if a the court rules that the intent was to exclude a given group?
The article mentions this scenario. It points out that anyone can purchase a copy of Teen Vogue (for example) but there's nothing you can do about ads that Facebook won't show you.