' Taylor Brook | MTTLR

Help Wanted

Title VII states, “It shall be an unlawful employment practice for an employer . . . to print or publish . . . any notice or advertisement relating to employment . . . indicating any preference . . . based on race, color, religion, sex, or national origin.” This makes all employment ads targeting a protected classification illegal. This section was meant to effectively eliminate help wanted ads that included provisions stating minorities need not apply. As recruitment practices have evolved, employers have also come to abuse new tools at their disposal. Employers recruiting online can utilize Facebook services that filter future employees by race, gender, and age. In reaction to this form of modern covert discrimination, there have been several complaints filed with the Equal Employment Opportunity Commission (EEOC) and in federal court against employers alleging they have used these unlawful actions in their recruitment. For example, in Communication Workers of America v. T-Mobile, the Communication Workers of America (CWA) filed a class action lawsuit in the Northern District of California on behalf of a class of workers over the age of 40 against several employers including Amazon, Cox, and T-Mobile. The complaint alleges the employers refused to send their employment ads on Facebook to anyone over the age of 55, effectively discriminating on the basis of age. This would also violate the Age Discrimination in Employment Act. As in the previously discussed suit, Facebook had been involved in legal actions to the extent it was being used as a tool for the employers’ to discriminate. However, on September 18th, the American Civil Liberties Union (ACLU) and the...