Three workers and a large union sued T-Mobile, Amazon, Facebook, and other corporations on Wednesday, accusing them of using Facebook’s ad targeting tools to exclude older Americans from job opportunities.
In the age discrimination suit, the plaintiffs cited a T-Mobile job ad, which was targeted to Facebook users ages 18-38. Facebook, which is also named as a defendant, targeted job ads to people ages 21-55, according to a screenshot in the legal filing.
The class action lawsuit against 13 companies was brought by the Communication Workers of America, along with three American workers, Linda Bradley, Maurice Anscombe, and Lura Callahan, who range in age from 45 to 67.Under U.S. law, companies are prohibited from discriminating based on age in employment advertising, recruiting, and hiring, and it is also unlawful to publish a job ad that indicates a preference related to age.
The lawsuit takes issue with a practice — the targeting of ads by age and demographics — that is ubiquitous in online advertising and is not limited to Facebook. Facebook, however, takes additional steps to explain to users why they are seeing an ad. These steps, which appear in a window after a user clicks on an ad, served as the documentation of the demographic categories used by different corporations.
The lawsuit comes at a moment when Facebook and other technology giants are facing pressure to mitigate the negative social consequences of content posted on their platforms, particularly the impact of ad-targeting. Facebook, Google, and Twitter are under fire for creating tools that enabled Russian operatives to target specific groups of Americans ahead of the 2016 election. Facebook’s software also enabled advertisers to send ads based on other undesirable categories, such as Jew-hater, and to send targeted ads for housing to whites only (Facebook claimed that it had subsequently tweaked its systems so that this can longer happen, but a recent report in ProPublica suggested otherwise).
In addition to employment, civil rights laws prohibit discrimination in housing, employment, lending, voting, and education.