• Recruiting By Social Media May Improperly Target Younger Workers
  • October 2, 2012 | Author: Michael D. Homans
  • Law Firm: Flaster/Greenberg P.C. - Cherry Hill Office
  • Employers have one more thing to worry about when they use social media, according to the U.S. Equal Employment Opportunity Commission (EEOC).

    Speaking at an EEOC “training institute” in Washington recently, Edward Loughlin, a trial attorney with the agency, noted that users of Facebook (and presumably most other social media) are disproportionately under the age of 40, so if employers recruit applicants through social media, older workers could claim that the practice disproportionately excludes candidates based on age. If social media recruiting does indeed lead to the unbalanced hiring of younger workers, that could be the basis of a “disparate impact claim,” even if the employer has no intention of screening out older workers.

    Loughlin said he has not seen such a claim “yet,” and “I’m not trying to alarm people, but this could be a problem,” according to a Daily Labor Report article on his session.

    The disparate-impact angle highlights the need for employers to continue to monitor and think about their ocial media usage and policies to ensure compliance with all laws and with employer policies.