Is it unlawful for Facebook to target certain age groups with job ads?
Facebook is known as a relatively youthful company. Facebook and many other companies routinely place job ads on social media that target younger employees. As the internet era makes it easier for companies to attract employees of a certain age, it raises some interesting issues as to whether targeted ads constitute employment discrimination. Our NYC employment discrimination lawyers at Thomas M. Lancia PLLC discuss the legality of
Targeted Ads on Facebook
Targeted ads have become a central component
The ADEA and Job Ads
Under the Age Discrimination in Employment Act (ADEA), employers cannot legally discriminate against people 40 years of age and older. Age discrimination involves treating an employee less favorably due to his or her age. Age discrimination could encompass acts such as hiring a younger, similarly qualified candidate over an older one, firing an employee due to their age, and failing to promote an older employee.
Targeted ads will display a job ad to only the age groups selected by the advertiser. At least one lawsuit has been filed claiming that such targeted job advertising constitutes unlawful job discrimination. In December of 2017, a lawsuit was filed in federal court seeking
Facebook has defended targeted job ads by stating that showing certain job ads based on age is not in and of itself discriminatory. Rather, what matters according to Facebook, is that the marketing is inclusive and not solely based on a certain age group. Older Americans should watch the federal lawsuit closely as it will be interesting to see how the court rules. Anyone who believes they are being discriminated against due to their age should consult with an employment discrimination lawyer.