Amazon, Cox, T-Mobile Face Amended Facebook Job Ads Class Action

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An amended class action lawsuit claims that Facebook’s job ads from many major companies including T-Mobile, Amazon, Cox Communications Inc., are discriminatory based on age.

Plaintiffs in this age discrimination class action are the union of Communications Workers of America, with individual members Linda Bradley, Maurice Anscombe, and Lura Callahan.

They allege that hundreds of large companies violate age discrimination laws by specifically advertising certain jobs primarily with Facebook users under 40.

The T-Mobile, Amazon, Cox class action lawsuit initially filed in December 2017 has now been expanded to claim that “hundreds of major American employers” that advertise with Facebook are guilty of violating age discrimination laws. This employment ad class action lawsuit does not aim to hold Facebook accountable for the alleged discrimination.

The Amazon, T-Mobile, Cox age discrimination class action lawsuit seeks to establish two Classes — one Class of older workers, as well as a Class of companies in the defendant Class who may have targeted employment ads towards younger workers.

Thus far, T-Mobile, Amazon, Cox Communications, and Cox Media Group are named as defendants, but the class action lawsuit aims to hold other companies accountable as well including Ikea and Enterprise Rent-A-Car, who have allegedly paid Facebook for age-specific employment ads, possibly violating age discrimination laws.

To support their claims, the union workers show various examples of how these companies advertise on Facebook. The age discrimination class action lawsuit cites an example of an ad by T-Mobile, that says a particular user was shown an ad because T-Mobile “wants to reach people ages 18 to 38 who live or were recently in the United States.”

The plaintiffs allege that these companies prohibit older workers from accessing employment opportunities by not showing them the Facebook ads as much as they show younger works via Facebook’s ad platform. They seek an injunction to stop top companies like these from engaging in unlawful discrimination. Additionally, they seek relief for the workers allegedly negatively affected by the companies’ harmful practices.

In December, Facebook reportedly stated that “simply showing certain job ads to different age groups … may not in itself be discriminatory,” comparing the practice to television stations that gear product ads towards audiences of various shows that differ based on demographics.

The online job ad class action lawsuit claims that more than 50 years ago, the federal government enacted anti age discrimination laws because research showed that employers were less likely to hire older workers, so older workers had a harder time finding work.

Allegedly, this problem still exists, despite the change in legislation, due to practices like those of the companies in question.

The workers are represented by Jahan C. Sagafi, P. David Lopez, Peter Romer-Friedman, Adam T. Klein, Robert N. Fisher and Jared W. Goldman of Outten & Golden LLP and Patricia Shea and Katherine A. Roe of the Communications Workers of America.

The T-Mobile, Amazon, Cox Online Job Ad Class Action Lawsuit is Communications Workers of America, et al. v. T-Mobile US Inc., Case No. 5:17-cv-07232-BLF, in the U.S. District Court for the Northern District of California.

UPDATE: On July 30, 2018, Amazon filed a motion to dismiss a class action lawsuit alleging it violates the Age Discrimination in Employment Act by using Facebook job ads that target younger workers.

UPDATE 2: On Oct. 11, 2018, Amazon filed another dismissal motion, aiming to escape a class action in California federal court which accuses the company of placing Facebook job ads which are hidden from older workers.

UPDATE 3: On Jan. 16, 2019, Amazon asked a federal court to dismiss a class action lawsuit that claims the online retailer intentionally blocks older workers from seeing job advertisements on Facebook.