Employers who Use Exclusionary Facebook Online Ad Practices Are Being Sued for Age Discrimination

According to the National Law Review, one important case that is expected to review employee rights includes online advertisement practices which profile younger applicants.

“The Communications Workers of America (“CWA”) filed Communications Workers of America v. T-Mobile US, et al. in May 2018, as a proposed class-action lawsuit.” The lawsuit claims that employers at Amazon, T-Mobile, and other companies to be named later are using a Facebook paid advertising platform that posts employment opportunities that “exclude older workers from applying.”

The lawsuit asserts that the social media platform gives parameters that allow employment ads to reach specific types of audiences – thus excluding the ones that aren’t included in the ad. The options include an age bracket range.

CWA claims that this Facebook exclusion practice by employers is in violation of the Age Discrimination Act (ADA). The ADA prohibits employment discrimination based on someone’s age. The lawsuit is still focusing on whether CWA is the correct plaintiff. Similar lawsuits have been filed in different jurisdictions.

In addition, the Equal Employment Opportunity Commission (“EEOC”) issued a decision in September 2019 that the agency found “reasonable cause” to determine that seven employers, including Capital One and Edward Jones, had discriminated against females and older workers by posting job listings on Facebook using audience parameters including age and gender.”

Facebook is supposedly changing its employment advertising platform to prevent the use of audience selection based on age or gender. Employee advocates state the Facebook change doesn’t go far enough because it only applies to employers who self-identify themselves and their ad as a job posting.

At the California Law Offices of Stephen A. Danz and Associates, we have been fighting for employee rights for nearly 40 years. We have a team of lawyers and offices throughout the state. For questions or complaints about your employer, call us at 877-789-9707 or fill out our online contact form to schedule an appointment. Se habla espanol.