Earlier quoted context omitted.
Disparate Impact is one of the most illiberal policies in America. Companies need to be so careful that their results can't be construed as discriminatory that they need to go out of their way to make their hiring practices discriminatory. You could have a totally blind hiring process (remove names from resumes, modulate voices in phone interviews, never get any indication of race/sex/age of applicant) and still be l…
You see a similar thing with real estate in equal housing. I wasn't aware of how strict the standards were for this stuff until I took the license courses last year. If you have a real estate office and somebody walks in, you might offer them a cup of coffee. If another person walks in later and you forget to offer it to them, and that person is part of a protected class...you've just violated equal housing. This is…
Facebook Is Letting Job Advertisers Target Only Men
341–350 of 407 posts
Re: Facebook Is Letting Job Advertisers Target Only Men
#342Re: Facebook Is Letting Job Advertisers Target Only Men
#343Earlier quoted context omitted.
I think law like this is broken because it's like many (American) laws where it ends up selectively enforced Laws like these are not criminal laws, and are not meant to be enforced if by that you mean policed . It's up to someone to file a lawsuit, if they think the law is on their side. Then a judge will have to rule whether or not the law applies in that particular case, and in doing so they may set a precedent whi…
The fact that it's not actively enforced by the state doesn't matter. It's basically the civil equivalent of an actively enforced law nobody can possibly comply with at all times that gives the cops the power to harass whoever they want whenever they want (e.g. the 55mph speed limit on I95 in the Boston area) except instead of empowering cops to harass people on flimsy pretext they're empowering plantiffs to harass c…
Re: Facebook Is Letting Job Advertisers Target Only Men
#344Earlier quoted context omitted.
You see a similar thing with real estate in equal housing. I wasn't aware of how strict the standards were for this stuff until I took the license courses last year. If you have a real estate office and somebody walks in, you might offer them a cup of coffee. If another person walks in later and you forget to offer it to them, and that person is part of a protected class...you've just violated equal housing. This is…
Well, after decades of things like redlining, I'm ok with the industry trying hard not to discriminate.
Re: Facebook Is Letting Job Advertisers Target Only Men
#345Do people find jobs through advertisements? I don't think I've ever landed a job that way. It's always been through referral or researching companies that do interesting work and reaching out to the right people there.
Re: Facebook Is Letting Job Advertisers Target Only Men
#346I'm a bit mixed about this; it is clearly discriminatory to publish a job ad that says "women need not apply", but it doesn't feel inherently discriminatory to advertise a job in, say, "Men's Health" but not "Cosmopolitan" magazine. Or to advertise on a particular television channel or program (whose viewers may not match the population at large). That's just how advertising works. Is that crazy? Would this be differ…
Re: Facebook Is Letting Job Advertisers Target Only Men
#347I'm a bit mixed about this; it is clearly discriminatory to publish a job ad that says "women need not apply", but it doesn't feel inherently discriminatory to advertise a job in, say, "Men's Health" but not "Cosmopolitan" magazine. Or to advertise on a particular television channel or program (whose viewers may not match the population at large). That's just how advertising works. Is that crazy? Would this be differ…
In general that is discrimination, but as with all things in law the general rule only exists for exceptions. One exception is a “Bonafide occupational qualification”...some famous cases involve men playboy, hooters, and Abercrombie and Fitch (though A&F was a case of discrimition against blacks, which A&F attempted to defend by arguing being white was a bonafide occupation qualification because it fit their overall marketing and target demographic).
Re: Facebook Is Letting Job Advertisers Target Only Men
#348I'm a bit mixed about this; it is clearly discriminatory to publish a job ad that says "women need not apply", but it doesn't feel inherently discriminatory to advertise a job in, say, "Men's Health" but not "Cosmopolitan" magazine. Or to advertise on a particular television channel or program (whose viewers may not match the population at large). That's just how advertising works. Is that crazy? Would this be differ…
Facebook had made an error here, as has Uber and this is a pretty straightforward violation.
Re: Facebook Is Letting Job Advertisers Target Only Men
#349Re: Facebook Is Letting Job Advertisers Target Only Men
#350Earlier quoted context omitted.
Speaking of smells, my initial reaction is that Disparate Impact smells broken. I can see pretty clearly how it would be possible to argue legally that advertising a job internally and not externally (to a company) is discriminatory. And following that further along, in this way, I can see a pretty straightforward method of declaring any job advertising as discriminatory under that decision. I think law like this is…
I think law like this is broken because it's like many (American) laws where it ends up selectively enforced Laws like these are not criminal laws, and are not meant to be enforced if by that you mean policed . It's up to someone to file a lawsuit, if they think the law is on their side. Then a judge will have to rule whether or not the law applies in that particular case, and in doing so they may set a precedent whi…
This is one of the reasons that the "loser pays" approach to the cost of litigation used in much of the rest of world would not work well in the US. We use private civil lawsuits to enforce things that would be enforced by government agencies in much of the rest of the world, so it is important that individuals can bring lawsuits against much bigger, much better funded entities without having to worry about getting wiped out financially if they lose.