Female Workers Sue Facebook For Alleged Discriminatory Job Ads

A group of female workers claim that Facebook and 10 other employers engaged in unlawful gender discrimination by excluding them from job ads. The ACLU, Outten & Golden LLP, and the Communications Workers of America (CWA) have filed the charges with the Equal Employment Opportunity Commission (EEOC) against Facebook and 10 other employers, on behalf of the female workers. According to the lawsuit, Facebook posted job ads to male Facebook users only, and excluded women from receiving the ads.

The charges were filed on behalf of three female workers, CWA and the hundreds of thousands of female workers CWA represents. According to the charges, most of the employers’ male-targeted ads highlighted jobs in male-dominated fields. The lawsuit also alleges that Facebook delivers job ads selectively based on age and sex categories that employers specifically choose, and that Facebook earns revenue from these ads.

In general, online platforms are not liable for publishing content created by others; however, counsel for the workers asserts that Facebook can be held liable for: (1) creating and operating a system that allows employers to select the gender and age of the people who get their job ads, including providing employers with data on users’ gender and age for targeting purposes; (2) delivering the gender- and age-based ads based on employers’ preferences; and (3) acting as a recruiter connecting employers with prospective employees.

In December of 2017, a similar lawsuit, Communications Workers of America et alvTMobile US Incet al., was filed against T-Mobile, Amazon, Cox Communications, and numerous other employers alleging a discriminatory practice of excluding older workers from receiving job ads on Facebook for available positions at their companies.

Employers, HR administrators, and risk managers should scrutinize recruiting practices to ensure that ads and other recruiting tools are targeted to a diverse group, unless there is a bona fide occupational qualification that can justify a specific group. For any questions, please give us a call at Toll Free 1-562-888-0126 or email sales@yourvirtualhr.com for more information.

For more information about this lawsuit click here: ACLU Sues Facebook and Other Company’s For Gender Discrimination in Job Ads.

EEOC Sues Del Taco For Alleged Harassment, Retaliation, And Hostile Work Environment

The U.S. Equal Employment Opportunity Commission (“EEOC”) has filed suit against a  Del Taco located in Rancho Cucamonga alleging that male supervisors harassed numerous female employees (most of whom are in their teens).  The EEOC’s complaint alleges that management subjected the young workers to harassment ranging from inappropriate sexual comments to unwanted physical touching.

The female workers claim that they made a formal report of the harassment to Del Taco, but the company allegedly failed to take  corrective action against the supervisors accused of the harassing conduct.  Instead, the company allegedly retaliated against the employees by reducing their hours and implementing schedule changes.

This is an important reminder to all employers, Human Resource professionals, and risk managers to take all complaints seriously, and when deemed appropriate to initiate a timely, objective and thorough investigation to ensure the matter is resolved in a quick and timely fashion. Any necessary remedial measures should be taken as soon as possible.

To learn about how YourVirtualHR’s investigative software and on-site or web based sexual harassment training can help you and your organization avoid these costly complaints, maintain a civil workplace, and reduce risk, please give us a call at Toll Free 1-562-888-0126 or email sales@yourvirtualhr.com for more information.

For more information on the EEOC’s suit against Del Taco click here. (EEOC v. Del Taco LLC, Case No. 5:18-cv-01978)

Minimum Wage Resource

Employers must ensure that employee minimum wages comply with applicable FEDERAL, STATE OR LOCAL ORDINANCES. Of course, whichever law/local ordinance provides the greatest benefit to the employee will apply. We found a site that employers and their payroll administrators might find helpful in complying with these federal and state laws, and local ordinances.

Minimum Wage Tracker – Economic Policy Institute

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