Job postings on Facebook

Facebook, like other social media platforms, allows companies to target job advertisements to certain groups of Facebook users. It is possible for ads to be targeted at specific age groups or for them to be gender specific. However, two recent decisions from the Equal Treatment Board show that companies should proceed with caution when using such targeted advertisements for job postings on social media.

The two cases concerned companies that had targeted their job ads on Facebook based on gender and age.

In the first case, the company had advertised for employees on Facebook. The ad was only shown on the Facebook profiles for males between the ages of 20 and 43 and the company had encouraged Facebook users to share the post. The company had also announced the job on the company’s website.

In assessing whether the Facebook ads had been discriminatory, the Equal Treatment Board found that in the targeting males between the ages of 20-43 the company had created a presumption that women and people outside of the age category did not have the same opportunity to be considered for the positions. Subsequent facts were also established which indicated that the company had acted in breach of the prohibitions on direct discrimination on grounds of sex and age.

Following an overall assessment of the information in the case, it was determined that the company had not shifted the burden of proof that the principle of equal treatment had not been violated.

In the second case, a company, again using Facebook, targeted a job ad that only appeared on the profiles of Facebook users between the ages of 20 and 50. The company had encouraged Facebook users to share the job posting.

The company had also announced the job through other channels, including on the company’s website and LinkedIn.

The Equal Treatment Board found the that the fact that the ad was only shown to Facebook users between the ages of 20 and 50 and this created a presumption that people outside this age group did not have the same opportunity to be considered for the position, and thus this contrary the provisions on equal treatment on the grounds of age.

However, in considering all the facts, the Equal Treatment Board considered that the company advertised the position broadly through different channels and encouraged Facebook users to share the posting. In addition, the company had actually hired a candidate who was older than 50 years in the position. After an overall assessment, it was determined that the company had, in the specific circumstances discharged the burden of proof and it was held that principle of equal treatment had not been violated.

The above cases highlight the importance of ensuring that protected characteristics such as age, gender, race are not referenced in a job posting. This also applies to the criteria used to display job ads on social media.