The recruiting world should monitor the ACLU’s recent charges against Facebook alleging that its employment advertising discriminates against women and non-binary persons by allowing employers to target employment advertising to gender groups. The ACLU filed these charges with the U.S. EEOC, and Facebook faces a similar claim related to age discrimination that remains pending with the EEOC. Facebook denies the charges.
A complaint raised to the EEOC can be handled in different ways. The EEOC may elect to investigate the charges and, should it choose, it can pursue an individual or class action lawsuit. Or, it can decline to investigate or, following an investigation, decline to pursue legal action Should it decline to pursue a charge, the complainant may pursue legal action by filing a lawsuit. Sometimes, the EEOC will facilitate a resolution between the parties.
It is noteworthy that this charge is also backed by the Communication Workers of America labor union. Recruiters should monitor these charges and any subsequent litigation or settlement as the outcome may impact any online tools or algorithms used in recruitment. Recruiting professionals should seek counsel if they are contacted by an EEOC investigator or have questions or concerns about employers seeking gender specific employees that might raise claims of gender bias under federal or state laws.