For years, there has been litigation over the fact that the internet is being used to screen out the resumes of older workers and deposit them in a digital trash can.
But suddenly the powers that be are taking notice in the wake of a supposed investigative story on Dec. 20 by ProPublica and The New York Times about Facebook permitting employers to exclude older workers from receiving employment and recruitment ads. That’s a good thing but …
That NYT story was based largely upon a Dec. 20 federal class action lawsuit filed by the Communications Workers of America against major employers that use Facebook to screen out older job applicants. And the CWA lawsuit is the latest of several to challenge the use of internet technology to target young job applicants and screen out older job applicants.
In fact, the U.S. Supreme Court last year refused to hear a case involving a 2010 lawsuit brought by Richard Villarreal against R.J. Reynolds Tobacco Co. that alleged Reynolds hired recruiters to develop an algorithm that was used to screen out older applicants for job vacancies on CareerBuilder (which settled its part of the case out of court). The legal press (including me) wrote extensively about the case. This matters because it shows that the government has been on notice for years that the internet is being used as a tool to effectuate epidemic age discrimination in hiring. Continue reading “For the “New” News Media, There is No Past, Only a Self-Congratulatory Present”
A major lawsuit has been filed against a class of “hundreds” of American employers that allegedly “routinely” exclude older workers from receiving employment and recruitment ads on Facebook.
The lawsuit, filed by the Communications Workers of America in the U.S. District Court of Northern California, specifically names three plaintiffs, T-Mobile USA, Inc., Amazon com, Inc. and Cox Media Group, LLC.
The union seeks seek an injunction “to stop America’s leading companies from engaging in unlawful age discrimination in employment.”
According to the lawsuit, Facebook requires employers or employment agencies seeking to post job advertisements to select the age range of Facebook users who will be eligible to receive the ad. The lawsuit alleges that employers routinely target users who are under the age of forty.
This is the latest in a series of lawsuits filed to halt the use of Internet screening tools that target younger workers and screen out older workers.
The EEOC recently condoned a hiring manager’s selection of job candidates based upon “cultural fit,” despite the fact this concept is increasingly disfavored in the American business community.
According to a March 21, 2017 article at Forbes.com, The End of Cultural Fit, the concept of ‘cultural fit’ was once the bedrock of corporate recruiting but today is widely considered taboo because it is fraught with bias.
“In some organizations ‘culture fit’ has become a weaponized phrase that interviewers use as a blanket term to reject candidates that don’t match the hiring manager’s view of the ideal candidate; and as such, it has become the embodiment of unconscious bias. ” writes author Lars Schmidt.
Overwhelming research shows that hiring managers harbor implicit or subconscious bias, including irrational prejudice or harmful stereotypes.
“Most interviewers are more likely to hire people like themselves and discount those who are different. This type of thinking hinders diversity and leads to homogenous cultures,” writes Schmidt.
Memo to EEOC: Even Facebook prohibits the use of the term “cultural fit” in hiring because it invites bias.