Facebook Monitoring AD Discrimination in Wake of Canada Class Action

Facebook says it’s taking steps to prevent advertisers from discriminating against Canadians in ads for jobs, housing and credit services based on factors like gender, age or where they live.

This comes amid a Facebook Canada ad discrimination class action lawsuit that is currently pending in Montreal. In that case, plaintiff Lyse Beaulieu says she used Facebook to look for jobs, but allegedly did not see some available jobs because of her age.

“Housing, employment and credit ads are crucial to helping people buy new homes, start great careers, and gain access to credit,” a spokesperson for Facebook Canada said. “They should never be used to exclude or harm people. Getting this right is deeply important to me and all of us at Facebook because inclusivity is a core value for our company.”

According to Facebook Canada, all advertisements for job, housing and credit will be placed in a special library that will make it easier for everyone to view the advertisements.

Facebook’s announcement comes about nine months after CBC News found that the social networking giant was allowing employers to post ads that microtargeted potential employees within specific age ranges.

These microtargeted advertisements on Facebook allegedly included settings that may prevent older workers from seeing an ad for a job for which they might qualify.

In Canada, employers cannot put restrictions on who sees a job posting based on factors like age, race, gender or religion, unless the restriction is an occupational requirement or if it’s part of a specific initiative.

Facebook’s non-discrimination policy states that “ads must not discriminate or encourage discrimination against people based on personal attributes such as race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition.” However, last year CBC News found that some job ads were posted with settings that exclude some Canadian workers.

According to CBC Canada, about 60 percent of the more than 260 job ads they reviewed were targeted at prospective workers in particular age ranges in a way that could violate the law unless the employer could show the restriction was necessary.

Civil liberties groups subsequently filed lawsuits against Facebook over its practice of allowing discriminatory postings.

The Canadian Human Rights Commission and the Ontario Human Rights Commission subsequently sent a joint letter to Facebook urging it to bar companies from using discriminatory advertising on the platform.

“We will be monitoring the implementation of these changes closely,” the Canadian Human Rights Commission said in a statement. “We recognize Facebook for taking steps to eliminate discrimination and support an inclusive society.”

Last year, Facebook announced that it would prohibit U.S. employers from excluding prospective employees from seeing job postings based on factors like age or gender, as part of settlements with civil liberties groups. According to Facebook’s most recent announcement, similar changes will be implemented in Canada by the end of 2020.

Are you a Facebook user? Do you believe you have experienced discrimination by being excluded from seeing certain Facebook ads? Tell us in the comments below.

Beaulieu is represented by Audrey Boctor, Jean-Michel Boudreau, and Olga Redko of IMK LLP.

The Facebook Canada Ad Discrimination Class Action Lawsuit is Lyse Beaulieu v. Facebook Inc., et al., Case No. 500-06-000993-192, in the Superior Court for the Province of Québec, District of Montréal, Canada.

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