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Dozens of Companies Are Using Facebook To Exclude Older Workers From Job Ads (propublica.org)

An anonymous reader quotes a report from ProPublica: Verizon is among dozens of the nation's leading employers -- including Amazon, Goldman Sachs, Target and Facebook itself -- that placed recruitment ads limited to particular age groups, an investigation by ProPublica and The New York Times has found. The ability of advertisers to deliver their message to the precise audience most likely to respond is the cornerstone of Facebook's business model. But using the system to expose job opportunities only to certain age groups has raised concerns about fairness to older workers. Several experts questioned whether the practice is in keeping with the federal Age Discrimination in Employment Act of 1967, which prohibits bias against people 40 or older in hiring or employment. Many jurisdictions make it a crime to "aid" or "abet" age discrimination, a provision that could apply to companies like Facebook that distribute job ads.

Facebook defended the practice. "Used responsibly, age-based targeting for employment purposes is an accepted industry practice and for good reason: it helps employers recruit and people of all ages find work," said Rob Goldman, a Facebook vice president. The revelations come at a time when the unregulated power of the tech companies is under increased scrutiny, and Congress is weighing whether to limit the immunity that it granted to tech companies in 1996 for third-party content on their platforms.

51 of 340 comments (clear)

  1. There is a fine line here by Q-Hack! · · Score: 5, Insightful

    Age based ads targeting comic books to teenagers, ok. Age based ads targeting IT jobs to Millennials but excluding people aged 40 is a problem.

    --
    Some days I get the sinking feeling Orwell was an optimist.
    1. Re:There is a fine line here by olsmeister · · Score: 5, Funny

      OK. How about instead we target IT jobs to people who read comic books? - Your friendly neighborhood HR department

    2. Re:There is a fine line here by Anonymous Coward · · Score: 4, Insightful

      OK. How about instead we target IT jobs to people who read comic books? - Your friendly neighborhood HR department

      You'd get a lot of good IT geeks respond.
      The difference is here, anyone can CHOOSE to read a certain comic book or industry magazine.
      You don't get to choose your age, despite what the cosmetics industry would have you think

    3. Re:There is a fine line here by Anonymous Coward · · Score: 5, Insightful

      Age based ads targeting comic books to teenagers, ok. Age based ads targeting IT jobs to Millennials but excluding people aged 40 is a problem.

      If Facebook is helping exclude older workers from job offers then they should be hit with the full weight of the law. I don't care if it destroys them. I half think the world would be better off without that mess anyway. We certainly would. Without Facebook, Russia would have lacked a tool to help Von Clownstick get elected. People's private lives should be private, not posted on the Internet. I'd greatly prefer that such sites die and _NOT_ be resurrected with a new name.

      That all being said, we do have guaranteed Freedoms including the freedom to be stupid, so the correct thing is just to apply the law and see where it goes. In the very unlikely event Facebook were to die, something likely even more evil will no doubt sprout up to replace it. People really need to remember or learn how important that right to privacy is that is implied in the constitution though and defend it, not give it away.

    4. Re:There is a fine line here by Anonymous Coward · · Score: 3, Funny

      Hold on there, I identify as a mid 20s rockstar software engineer.

    5. Re:There is a fine line here by hey! · · Score: 3, Informative

      True, but it still doesn't do you any good to apply to a job where they'll look at your resume and discard it because you have too much experience. Or if you trim the resume they'll figure it out in the interview.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    6. Re:There is a fine line here by Anonymous Coward · · Score: 2, Informative

      Yes because Russia's $120k in ad spending had so much more impact on the election than Hillarys $1,180m and the blatant collusion from 90% of the US media companies army's looking for dirt on the current President. If Facebook ads have that much power over people, it should definitely be shut down.

    7. Re: There is a fine line here by Anonymous Coward · · Score: 3, Informative

      That doesn't matter.

      Also, Facebook isn't a 3rd party in this process, since their selection criteria for placing the ad allows their clients to select quite a large range of demographic markets for any and every ad that they place: age, nationality, race, gender, location (to more specific than zip code), education, favorite _____, etc. Also, they've already been charged with this type of discrimination before, so if they're still doing it, maybe we should see what happens when you imprison a corporation.

    8. Re: There is a fine line here by chispito · · Score: 4, Interesting

      Is that the only place they post these jobs? How is this different than a job fair at college? Or at a senior center for that matter?

      --
      The Daddy casts sleep on the Baby. The Baby resists!
    9. Re:There is a fine line here by Kierthos · · Score: 3, Insightful

      Yes, but if a private company placed an advertisement where, in the advertisement, they said "No one over the age of 40 need apply.", they'd potentially be breaking the law.

      Now, to be fair, there are some jobs where, if you're over a certain age, you're probably not going to be hired. I don't believe the major airlines are looking to fill the ranks of their pilots with people in their 70s, for instance.

      But when it's not the advertisement explicitly stating it, but it's the algorithm behind showing the digital advertisement to selected groups, is that still discrimination? Well, yes. But you have a harder time proving it, because you never see the advertisement to begin with.

      Anyone can pick up a newspaper and look in the Help Wanted section.

      --
      Mr. Hu is not a ninja.
    10. Re:There is a fine line here by kria · · Score: 2

      I can also think of a legitimate use: if you have a selection of ads for the job in question that are tailored to appeal to typical potential employees in those age groups. To stereotype (since, necessarily, this would), maybe your young ad emphasizes the cool work environment with bean bag chairs (ha), while an ad for older workers emphasizes a strong benefit or relocation package. If they _legitimately_ want to diversify their workforce with people of different age groups, and have pretty good proof that they don't deserve to be sued, I think that's a good strategy. Or design ads that appeal to all of them equally and stop it.

    11. Re:There is a fine line here by chispito · · Score: 2

      True, but it still doesn't do you any good to apply to a job where they'll look at your resume and discard it because you have too much experience. Or if you trim the resume they'll figure it out in the interview.

      Why doesn't it? If you trim your resume to land a lower level job and reach a salary agreement with the employer... who cares? More importantly, where are these lower level jobs you're seeing that DON'T ask for everything and kitchen sink?

      "Wanted: IT Intern. Must have five years' experience, especially in this two-year-old technology."

      --
      The Daddy casts sleep on the Baby. The Baby resists!
    12. Re:There is a fine line here by AmiMoJo · · Score: 2

      I never really understood why that happens in the US. Around here they will just offer a low salary and if you take it then good for them, they got both a bargain and an excuse to pay less for experience the next time because of "market conditions".

      The only time I've ever heard "too much experience" is when they really just don't want older people for some other reason.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    13. Re: There is a fine line here by Oswald+McWeany · · Score: 2, Insightful

      These aren't job offers, they're ads. Usually for shit positions at the bottom of the food chain.

      Still wrong ethically, morally, and legally.

      --
      "That's the way to do it" - Punch
    14. Re:There is a fine line here by ctilsie242 · · Score: 4, Informative

      I have heard "too much experience" translating to "as soon as the economy picks up, I know you will be ditching us for greener pastures." Saw that in 2008.

    15. Re:There is a fine line here by olsmeister · · Score: 2, Funny

      Sure. It really cuts down on the Donald Trump rants.

    16. Re:There is a fine line here by Mattcelt · · Score: 2

      You're 37, Dennis.

    17. Re:There is a fine line here by mjwx · · Score: 2

      Age based ads targeting comic books to teenagers, ok. Age based ads targeting IT jobs to Millennials but excluding people aged 40 is a problem.

      That isn't a fine line.

      Comic book == optional.
      Job == mandatory.

      The reason we have anti-discrimination laws are to prevent workers from being excluded because of an attribute that an employer may find undesirable but has no bearing on competency or work quality... such as being old enough to know how to demand to be paid what we're worth.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    18. Re:There is a fine line here by xxxJonBoyxxx · · Score: 2

      >> Do you really want people that still read comic books as an adult working for you?

      In IT? Yes, absolutely.

    19. Re: There is a fine line here by rickb928 · · Score: 3, Insightful

      "must be born in the US to apply"

      This is better expressed as "will not sponsor visa applications or visa transfers".

      Which is pretty common language nowadays.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    20. Re:There is a fine line here by gnick · · Score: 2

      Anyone can pick up a newspaper and look in the Help Wanted section.

      I'd be very surprised if I learned that my current position had been listed in the paper. I was recruited through Indeed, which I'm assuming has the same age dilemma as FB. However, after a little digging I see nothing there that would enable screening on age for employer or prospect. I'm assuming they decided it was a bad practice since job availability is all they advertise. FB has that screening already built in as a standard metric for advertising, so the only decision is whether to ignore it.

      A lot of discrimination is legal. Want a job that requires a security clearance? Better not be a foreign national. Want to be a ballerina? Better not be overweight. Want a job playing a 10yo on TV? Better not be 40. Want a badge and a gun? Meh. Here, they're yours.

      --
      He's getting rather old, but he's a good mouse.
    21. Re:There is a fine line here by Doctor+Memory · · Score: 2

      What it really means is "We won't pay you what you're worth." Companies that treat their employees like assets and not like consumable, interchangeable components tend to have much less turnover.

      --
      Just junk food for thought...
    22. Re:There is a fine line here by hey! · · Score: 4, Insightful

      The hiring manager cares. You go in and everybody you talk to is delighted to have someone with such great resume. Then you met the person you'd be reporting to and he's a lot younger than you. You get a very different vibe; he's cautious, because he's afraid what you're really after is his job. Or at the very least you think you know more than he does, which you probably do.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    23. Re: There is a fine line here by david_thornley · · Score: 2

      Not to mention people born out of the country to US citizen parents.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    24. Re:There is a fine line here by Anonymous Coward · · Score: 2, Insightful

      I've seen both ways. I have seen Scrum masters have 4-6 hour long standup meetings and demand an accounting from each team member (even having other divisions like IT attend) because of a permanent sprint. With an environment where each dev had to point the finger at someone, or actually risk being fired, it was an extremely hostile environment.

      I have found it definitely the case for all but very few companies/organizations where if you want a raise or promotion, you jump ship. Especially for people starting out who are in the helpdesk/tech support jobs. There is such a "firewall" between that section and other places in companies, that the best thing, career-wise is to make that leap to somewhere else.

      As for nasty plots, what I've seen were companies demanding Skype interviews as a filter, or pretending to hire and ask for ID "for making the badge". If over 40, the contract winds up just being terminated for no reason, or you get handed a project that is completely impossible to do, then get fired for "performance reasons." Or just simply disable the contractor's badge, and say that their ways are too fossilized to be a good fit.

      Ironically the companies that do this crap are the ones that need experienced people, because they are doing absolutely stupid stuff (like forcing their whole dev process around a single DevOps tool because the tool is "fashionable".)

    25. Re:There is a fine line here by david_thornley · · Score: 4, Insightful

      The problem is not that Facebook allows companies to place ads that illegally discriminate, but that Facebook serves employment ads to younger people only. Facebook is taking action that results in illegal discrimination.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    26. Re:There is a fine line here by mjm1231 · · Score: 2

      You can attempt to live in a reality where aiding and abetting aren't things. But that reality does not exist, so, um, good luck there.

      --
      Ideology: A tool used primarily to avoid the bother of thinking.
    27. Re:There is a fine line here by Anonymous Coward · · Score: 3, Funny

      Many boffins died to bring us this information...

  2. Lies, lies and statistics by thsths · · Score: 2, Insightful

    The argument is really a very bold lie, with absolutely no evidence to support.

    1. Re:Lies, lies and statistics by AmiMoJo · · Score: 4, Informative

      What does this have to do with statistics? It says right in TFS that they are targeting based on age. There is zero statistical evidence, they are simply telling Facebook to only show the ads to younger people. Facebook doesn't even deny it, they just say "it's normal in recruitment and somehow good for older people".

      What is this weird, Pavlovian "all discrimination is a lie" response?

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  3. No Shit. by Anonymous Coward · · Score: 2, Funny

    Verizon: We target younger people because older people won't take our shit.

  4. Very clear defense by Facebook by MrMr · · Score: 5, Insightful

    I suppose they think I can 'responsibly apply' this accepted industry practice to other demographics like gender, race, religion etc.?

    1. Re:Very clear defense by Facebook by nctritech · · Score: 3, Informative

      One year ago Facebook was caught allowing housing discrimination by race and they had to pull those ethnic filters to clean the egg off their faces. I wonder how long that was allowed before someone figured it out though.

    2. Re:Very clear defense by Facebook by MobyDisk · · Score: 2

      That was an informative link, thank you. It brings up an important point:

      Ad enforcement should not be Facebook's responsibility. We need to stop blaming the providers of infrastructure and tools for how companies abuse them. The companies need to be held liable.

      ISPs are not responsible for what people post. Knife manufacturers are not responsible for what people cut with them. Book distributors are not responsible for what is written in the books, or who buys them. Shipping companies are not responsible for the legality of the contents they ship. Alcohol manufacturers are not responsible for who drinks them. Taxis are not responsible for checking if people are allowed to go to the places they go. And advertisers should not be responsible for making sure that advertisements aren't violating laws with the ads they place.

      This last point is especially important considering that every municipality in the world has different advertising laws. In some places in the world, ads for alcohol or sex services are illegal, but not in all. Some might not allow them at certain times of day. Some kinds of political ads are illegal or subject to disclosures. Facebook can't possibly enforce this stuff. What if a company just wanted different job ads for millennials versus people over 40? Is that legal or not? Facebook can't be the ones responsible for making that judgement call.

      The other reason for this is because if the intermediary enforces the law, it shields the people who are violating it. I want to know the companies that are doing this, and I want the force of law to come against them. The individuals placing these illegal ads need to know that they are committing a crime, and the public should know that the company was doing it. I want to make sure I don't work for that company, and don't buy from that company. If I work for that company I want to use my voice to stop it. So don't have someone mask the problem.

    3. Re:Very clear defense by Facebook by drinkypoo · · Score: 2

      Ad enforcement should not be Facebook's responsibility. We need to stop blaming the providers of infrastructure and tools for how companies abuse them. The companies need to be held liable.

      Tools which are only useful for discrimination on some types of listings shouldn't be available on those types of listings. Problem solved. The features can be retained in the platform, and used where they are legal.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:Very clear defense by Facebook by david_thornley · · Score: 2

      Ad enforcement should not be Facebook's responsibility.

      Sure. I'm cool with that. It has nothing to do with the case at hand.

      The problem is not that Facebook serves illegal ads, it's that they serve ads illegally. They are delivering employment ads only to people of specified ages. This is nothing even vaguely like what a common carrier would do.

      The other reason for this is because if the intermediary enforces the law, it shields the people who are violating it. I want to know the companies that are doing this

      I generally agree with that, but it's again inapplicable to what we're talking about.

      If Facebook serves up an employment ad that says "No people over 30 need apply", anyone who sees the ad will know the company is practicing illegal discrimination. If Facebook only serves the ad to people 30 and under, that's not apparent. People over 30 won't even know about the ad, and there's no obvious smoking gun.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  5. Just limiting ads to Facebook is enough by Baron_Yam · · Score: 4, Interesting

    I would never see an ad on Facebook, since I'm security and privacy conscious and Facebook is a way to surrender both of those things.

    I suppose the day may come when it's important enough I can't avoid it, in which case I will hire a PR company to produce a managed online presence for me, designed to appeal to the idiots in HR who think shit like this is a good idea.

  6. Companies do this all the time by Anonymous Coward · · Score: 2, Insightful

    We posted an IT job opening in the local newspaper that clearly stated a minimum of 2 years experience and got dozens of responses from people who couldn't even spell IT, all eager to learn. Moved the ad to Craigslist and the quality of applicants improved dramatically, as you would expect. It's just smart to target your audience so that your recruiting time and dollars go as far as they can. Oh, and we ended up hiring a 63 year old guy who had moved to our area to be closer to his grandkids

  7. Leading? by coofercat · · Score: 3, Insightful

    Verizon is among dozens of the nation's leading employers

    They can't be leading very much if they're only recruiting a subsection of the qualified populous. Why not just call them what they are - a big, shit employer.

  8. It works both ways by smooth+wombat · · Score: 5, Insightful

    If the idea is to exclude older workers for one or more of the various reasons employers always cite, then similar reasons can be given to exclude people in their 20s.

    Such as, irresponsibility, checking their phones rather than doing work, checking Facebook rather than doing work, more willing to request time off, raising a family, the list goes on.

    It's always hilarious to hear employers whine they can't find people with experience, who then go out of their way to exclude people with experience.

    --
    We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    1. Re:It works both ways by sizzzzlerz · · Score: 4, Insightful

      What is left unsaid, however, is they're hiring experienced individuals who don't expect compensation commensurate with that experience.

  9. OK Google, translate by null+etc. · · Score: 4, Insightful

    "Used responsibly, age-based targeting for employment purposes is an accepted industry practice and for good reason: it helps employers recruit and people of all ages find work"

    Google translate (source: weaslese (PR dialect; not Lawyer dialect); destination: commoner's English) ->

    "Used responsibly (theoretically, and at the discretion of whomever is paying us to target ads), age-based targeting for employment purposes is an accepted industry practice (but we won't tell you whom it's accepted by) and for good reason (at least for us): it helps employers who wish to discriminate based on age to recruit, and people of all ages except for the discriminated age ranges, find work."

    Wow, I never knew that translation technology could make it so easy to understand executives!

  10. LinkedIn promotes ageism as well by Tora · · Score: 4, Insightful

    I don't know about advertising, but LinkedIn requires you to include a year on employment history--another way employers filter by age, since it is universal practice nowdays (at least in tech) to review somebody's linkedin profile as part of screening. It is an easy way to determine somebody's age.

    --
    tora
    1. Re:LinkedIn promotes ageism as well by cascadingstylesheet · · Score: 2

      I don't know about advertising, but LinkedIn requires you to include a year on employment history--another way employers filter by age, since it is universal practice nowdays (at least in tech) to review somebody's linkedin profile as part of screening. It is an easy way to determine somebody's age.

      True. In response, I just drop my first few jobs from it.

  11. Re:GOD YES - make someone responsible by MrMr · · Score: 3, Insightful

    I see you practice what you preach Mr. Coward.

  12. Re:Older workers don't want those jobs by DaMattster · · Score: 4, Insightful

    Somehow young people have young people jobs and older people have older people jobs. I wonder what might it be that makes the difference?

    Sorry AC but that is just crap. There is no such thing as young people jobs and old people jobs. There are just jobs. And in America, where we use money to barter for food, clothing, and shelter, jobs are necessary.

  13. Just Do It! by Anonymous Coward · · Score: 2, Interesting

    I'm over 40, nearing 50 when I will be "dead", but please let them continue to age discriminate before I come for an interview.

    Because the alternative is that I and the company waste a lot of time, and they will just hire someone younger anyway giving me some lame excuse which isn't true.

    I'd rather focus on the companies which don't discriminate.

  14. Re:Older workers don't want those jobs by Oswald+McWeany · · Score: 3, Insightful

    Somehow young people have young people jobs and older people have older people jobs. I wonder what might it be that makes the difference?

    Over half the people I have worked with during my career have been over 40. I've always been "the young guy" at every place I've been (until my current job) - here I'm average age... and not too far off 40 myself. To be honest, I'm not sure why there is so much age discrimination against older IT staff. Younger staff know how to do things; older staff know how AND WHY to do things. Your 50 year old may make twice as much as your 25 year old IT worker- but they'll make far less than half the mistakes and cause far fewer project delays.

    --
    "That's the way to do it" - Punch
  15. Re:Surprising? Not really... by gillbates · · Score: 4, Insightful

    So here's a different perspective, which I hope you'll consider, rather than lumping all older workers into the same stereotype. I would like you to consider an alternative viewpoint to the points you raised:

    1. Younger workers cost the company more, because even though they demand less in salary, they learn the lessons of experience on the company dime. Blowing deadlines costs the company more than just the staff time of the worker; it damages goodwill with the customer, and - in some cases I've observed - cost the company millions of dollars in penalties. A younger worker who makes a mistake in judgment ("Yeah, but that would never happen...") can cost the company a lifetime of salary.
    2. Most people can relate to the saying, "You get what you pay for." With older workers, this is especially true. You aren't paying just for their productivity, you're paying for their expertise. The company doesn't care if you can code 10 times faster than the older worker, if the older worker knows how to do it with 100 times less code. A real world example of this: at one company, a team of younger workers proposed a code solution which would have cost the company 300k in salary, to which the older, more experienced worker replied, "Yes, but you can do that with a registry change."
    3. An older worker can recognize when a project is in trouble before the younger workers, and can correct the situation early enough to mitigate disaster. I've never known an inexperienced engineer who recognized project failure before it happened, much less how to correct it.
    4. Younger workers have to put in 40+ hour work weeks because they don't know what they're doing, or they aren't using their time effectively, etc...
    5. Older workers know that time spent learning the language fad du jour is wasted time if the company doesn't actually commit to using it. Once you've learned a few languages, you understand that picking up a new language doesn't take much time at all; but more, you realize that the largest factors influencing the organization's ability to deliver often center not around the technology used, but inadequate processes, bad design, etc...
    6. Younger workers represent a much greater hiring risk because they don't have a proven track record. It is much harder to assess the value of a younger worker because they just don't have the experience which demonstrates their ability to handle new and unknown challenges.
    7. Experience demonstrates an older worker's ability to keep their skills current and maintain a positive contribution in the face of changing technology. An employer wants to know that when the technological winds shift, their workforce will keep up, and someone who knows just one language, or has little experience hasn't demonstrated this.

    So, I'm not going to defend the points one by one, but thought you should know how such statements are perceived by those with more experience. It is these people - with more experience - who will be evaluating whether you would be a good fit for their company.

    --
    The society for a thought-free internet welcomes you.
  16. Re:GOD YES - make someone responsible by david_thornley · · Score: 2

    You seem to be confused by the DMCA takedown process. If you run a site, and a user posts something, and you receive a DMCA takedown request, you are not legally required to take that thing down. However, if it is in violation of copyright, you then are liable along with the user posting it. If you know it's clearly not a copyright violation, leave it up. Companies that host a lot of third-party content normally don't pay careful attention to the copyrights, so they follow the DMCA safe harbor process.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  17. Re:GOD YES - make someone responsible by omnichad · · Score: 2

    If you run a site, and a user posts something, and you receive a DMCA takedown request, you are not legally required to take that thing down.

    To maintain your safe harbor, you must. If the user then still claims its not a violation, you can repost it and still maintain safe harbor.

    In the case of this libel idea, it would need the same protection.