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IsItDiscriminatorytoShowJobAdstoOnlyYoungSocialMediaUsers.pdf
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1. Check out two of the online recruitment companies: ziprecruiter.com and indeed.com. Give a brief summary and critique of what you found from an employer's point of view. Which would you prefer to use as a recruiter? Why? Which would you prefer as a job-seeker? 250 words response
2. Read the article, "Is It Discriminatory to Show Job Ads Only to Young Social Media Users?". Talk to someone you know over 50 (family member, co-worker, etc.) and ask them how they feel about social media recruitment. Do you believe using social media for recruitment can cause discrimination against various protected groups? Explain. What can be done to ensure that this does not happen? 250 word response
IsItDiscriminatorytoShowJobAdstoOnlyYoungSocialMediaUsers.pdf
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Is It Discriminatory to Show Job Ads to Only Young Social Media Users?
By Kathy Gurchiek August 17, 2018
ecruiting tactics that make a company's job ads visible to younger candidates but not to older candidates could
mean employers are excluding older job seekers. But is microtargeting a violation of civil rights law?
Some pending lawsuits claim it is discriminatory. One suit, filed by the Communications Workers of America
(www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/facebook-age-targeted-ads.aspx) against
T-Mobile US Inc., Amazon.com Inc., Cox Communications Inc. and Cox Media Group, claims these employers "routinely
exclude older workers from receiving their employment and recruiting ads on Facebook" by targeting ads in a way that
prevents older workers from seeing them, effectively denying them job opportunities (https://www.courthousenews.com
/wp-content/uploads/2017/12/Older-Workers.pdf).
If the courts agree, the wins are expected to improve the employment scene for older Americans.
SHRM Online has collected the following articles from its archives and other sources about age discrimination in recruiting
practices.
Are Job Ads That Target Young Workers Breaking the Law?
Workplace civil rights law prohibits discrimination against workers 40 and older (https://www.eeoc.gov/laws/types
/age.cfm). Yet worker advocates say recruiters sometimes exclude older workers by narrowing how and where they look
for candidates. A recent lawsuit has challenged whether an employer can recruit exclusively on college campuses
(www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/college-recruitment-programs-adea-pwc.aspx).
Another is challenging whether it's legal to cap the number of years of experience an applicant can have.
(NPR (https://www.npr.org/2018/08/16/637499979/are-job-ads-targeting-young-workers-breaking-the-law))
ADEA's Reach Expanded to Job Applicants
For years the Equal Employment Opportunity Commission (EEOC) has advised that the Age Discrimination in Employment
Act (www.shrm.org/resourcesandtools/hr-topics/employee-relations/pages/age-discrimination-.aspx) (ADEA) applies to job
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applicants, not just current employees, in disparate impact cases, but a 2016 appeals court decision ruled otherwise. Now,
another appeals court has reached the same conclusion as the EEOC's, creating a split the Supreme Court may have to
resolve.
(SHRM Online (www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/adea-
applicants.aspx?_ga=2.184765225.1089367578.1534167458-920689375.1491920969))
[SHRM members-only tool kit: Employing Older Workers (www.shrm.org/resourcesandtools/tools-and-samples/toolkits
/pages/employingolderworkers.aspx)]
Discrimination Against Older Workers May Be Common but Hard to Prove
Age discrimination is very difficult to prove, workplace experts say.
The things that employers say, write or insinuate about age can be so subtle that they don't provide a smoking gun that
can prove discrimination, said Laurie McCann, a senior attorney for the AARP Foundation Litigation.
(SHRM Online (www.shrm.org/resourcesandtools/hr-topics/employee-relations/pages/age-
discrimination-.aspx?_ga=2.75590421.1089367578.1534167458-920689375.1491920969))
Millennials In, Boomers Out? Lawsuit Against IBM Claims Age Discrimination in Hiring
The long-time rumblings about age discrimination at IBM have finally produced a lawsuit. A 60-year-old Texas man alleges
in a suit filed May 25 that he was improperly laid off amid the company's push to hire Millennials.
(News-Observer (https://www.newsobserver.com/latest-news/article212327419.html))
AG Ferguson Investigation Leads to Facebook Making Nationwide Changes to Prohibit Discriminatory Advertisements
on its Platform
Washington state Attorney General Bob Ferguson announced July 24 that Facebook signed a legally binding agreement
with his office to make significant changes to its advertising platform by removing the ability of third-party advertisers to
exclude ethnic and religious minorities, immigrants, LGBTQ individuals and other protected groups from seeing their ads.
Advertisers of housing, credit, employment, insurance and public accommodations can no longer discriminate by
excluding protected groups. The impacts will be nationwide.
(Washington state Office of the Attorney General (https://www.atg.wa.gov/news/news-releases/ag-ferguson-investigation-
leads-facebook-making-nationwide-changes-prohibit))
Age Discrimination
The ADEA forbids discriminating against people age 40 or older. It is not illegal for an employer or other covered entity to
favor an older worker over a younger one, even if both workers are age 40 or older. The law prohibits discrimination in any
aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other
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© 2018 SHRM. All Rights Reserved
SHRM provides content as a service to its readers and members. It does not offer legal advice, and cannot guarantee the accuracy or suitability of its content for a
particular purpose.
Disclaimer (www.shrm.org/about-shrm/Pages/Terms-of-Use.aspx#Disclaimer)
term or condition of employment.
(Equal Employment Opportunity Commission (https://www.eeoc.gov/laws/types/age.cfm))
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