Facebook allowed job ads to exclude women

okayjlaw

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worf-facepalm

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There is nothing wrong with precise targeting based on interests, qualifications, locations, and so on. But that’s not what you posted above or what I replied to.

Creating two seperate ads instead of one that is appealing to both genders makes no sense.

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I do understand federal law. I would have done as I suggested they do:

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Title VII of the Civil Rights Act of 1964

UNLAWFUL EMPLOYMENT PRACTICES

SEC. 2000e-2. [Section 703]

(a) Employer practices

It shall be an unlawful employment practice for an employer -

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of
employment, because of such individual’s race, color, religion, sex, or national origin; or

(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.

[…]

(e) Businesses or enterprises with personnel qualified on basis of religion, sex, or national origin; educational institutions with personnel of particular religion

Notwithstanding any other provision of this subchapter, (1) it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor­ management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise, and (2) it shall not be an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of such school, college, university, or other educational institution or institution of learning is directed toward the propagation of a particular religion.

You did ask…

OTOH, it is still lawful to discriminate against those Commie bastards so I guess the US is still great. /s

(f) Members of Communist Party or Communist-action or Communist-front organizations

As used in this subchapter, the phrase “unlawful employment practice” shall not be deemed to include any action or measure taken by an employer, labor organization, joint labor­ management committee, or employment agency with respect to an individual who is a member of the Communist Party of the United States or of any other organization required to register as a Communist­-action or Communist-­front organization by final order of the Subversive Activities Control Board pursuant to the Subversive Activities Control Act of 1950 [50 U.S.C. 781 et seq.] .

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In lieu of noting the same fact about Facebook’s leadership I always note, instead a question: Why is it at all any sort of surprise that Facebook would allow job ads that exclude women?

more info .

15 employers in past year, including Uber

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Facebook really does suffer from Oblivious Brogrammer Syndrome, the way they tried oh so hard to catch up with Google AdWords but blithely ignored all the ways targeting could be misused. I mean AdWords also allows gender targeting in its demographic targeting settings for ad groups, and it could also conceivably be abused there.

However, Google is careful about allowing certain ads and will ban your ad if it gets flagged. Sure, the same tool intended for male cologne or men’s underwear could be abused for a job ad, but if someone notices you will get spanked.

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How would they notice though? The algorithm is opaque to outside observers, and somewhat random. You would have to do statistical sampling to try to make the case, and even that would be hard because Google could argue that your usage pattern was non-typical so it triggered a special case in their algorithm.

In my experience they have three tools at their disposal: one is that if anyone flags an ad, it will get pulled. The second is their Quality Score algorithm, that gives good ads a foot up and drives bad texts out of the auction. And then there are algorithms couched in machine learning, much like scanning for spam.

Now, to the best of my knowledge there is no hard and fast rule, but Google does take good care of its main source of cash. AdWords became the ruler of online advertising because it worked hard to weed out bad actors from the beginning.

An addendum: I can see Google allowing for gender specific general job advertising: one ad text stating “we are looking for the top men in the field”, another stating “we are looking for the top women in the field” and a third more general “we are looking for the top people in the field”. Of course Facebook will allow that sort of targeting, but Google may be more critical.

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giphy%20(27)

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Someone needs to send her flowers for that brutal Nassar takedown

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