So i place a classified ad in Chinese Daily News but not one in the Daily News. Am i discriminating against non chinese workers? Im not a FB fan but this isn't discrimination if i, as the buyer of the ad, don't want my ad to go to any group. Do i want to place my ad for a day care help to any FB member that may have a criminal record or keeps track of megans law? We just have too much information now.
No, because the fact that I'm neither Chinese nor likely to read Chinese Daily News doesn't actually prevent me from seeing your ad. If you posted "Help Wanted" flyers in the middle of a college campus for a part-time cashier job, some 52 year old could--in theory--be walking by the quad on his way to a Frisbee golf game. It's when you explicitly add in logic to filter out a protected class that you may be in trouble…
So if this is indeed true then FB should simply splash enough protected classes to chalk off the requirement. That should not be hard.
We have this really great machine to reach people. FB is just one way to attract talent. Why ruin it
Remember, FB is voluntary