Canadian HR Reporter

CANADIAN HR REPORTER JUNE 2019 14 NEWS to examine employers' usage of Facebook recruitment strategies, specifically in terms of targeting job ads to specific age ranges. "From my perspective, it's be- haviour that is breaking the law," she said, following a CBC investi- gation that found about 100 em- ployers had posted job ads target- ing specific ages or genders. Facebook will cease the usage of microtargeted job ads in the United States by year's end, and is examining extending these re- quirements globally, according to a Facebook spokesperson. "ere is no place for discrimi- nation on Facebook. It's strictly prohibited in our policies... Over the past year, we've strengthened our systems to further protect against misuse." Targeting or discrimination? Facebook recruitment options allow employers to limit ages, gender and choice of university to target specific recruits. And it's appropriate in some circumstanc- es, according to Shahid Wazed, founder of Top Talent Summit in Edmonton. If an employer is adamant a new recruit has five years' experience in the field, it could target people age 25 and up to trim the amount of applications and lower costs, he said. "That is not discrimination based on who we're trying to hire... at's where the fine line is." But when a hiring manager decides to target specific recruits without justification, that is dis- crimination, said Wazed. "It's about 'Is it really legit? Is (targeting) tied to the job posting, the actual core job?' Because if it's not transparent on the job post- ing, that's where we get into this grey area," he said. While targeted ads may have historically flown under the ra- dar, the rise in online recruitment has inadvertently aggregated re- cruitment data and opened it up to potential examination, accord- ing to Amanda Boyce, associate at Stringer law firm in Toronto. "When they do it on Facebook or on another platform and they click a box that says, 'Show this to 20-year-olds only'… it draws more attention to the strategy," she said. "e data is aggregated in one place — be that Facebook or another platform — and it's ex- aminable in a way that it previous- ly probably wouldn't have been." Employers that use Facebook's targeted recruitment tactics need to have explicit reasoning for do- ing so, said Boyce. Broad recruitment strategies could strengthen an employer's case while simultaneously lessen- ing the possibility of discrimina- tion allegations, she said. Even targeted job ads created with the best of intentions could be discriminatory, said Boyce. "Discriminatory intention is not what matters — it's all about effect," she said. 'Proper use' of targeting e reaction to Facebook's job tar- geting tools is "a big deal" because employers' usage of this platform is relatively new, according to Sarah Molyneaux, employment and human rights lawyer at Mo- lyneaux Law in Hamilton, Ont. "I'm not surprised that it's happening," she said. "But I am surprised to see certain govern- ment employers among the list of people that are targeting their ads in this way." "ere is proper use of target- ing — like youth employment programs, affirmative action programs, hiring where gender is a relevant consideration," said Molyneaux. "Placing an ad on a church bul- letin board or in a magazine that targets a specific cultural group has been going on for a long time and I don't think there's anything improper with that," she said. "Anyone can pick up an ad that was posted on a bulletin board in a church; anyone might open a magazine targeted at a cultural group they don't belong to." e same is not possible with Facebook, said Molyneaux. "We don't use other people's Facebook (accounts) by accident very often, so the chances of someone that's not targeted see- ing one of these ads becomes re- ally miniscule, unless the ads are also being posted to other medi- ums," she said. "at's one reason why large employers often already have a job posting policy in place designed to get a broad swath of candidates applying." Public employers will advertise in a certain number of nation- ally distributed publications or websites to avoid discrimination, nepotism or bad hiring practices, said Molyneaux. e same isn't true for private employers, however. "Unfortunately, we still see bla- tant discrimination in job ads con- stantly in Canada," she said. "If you were to go on Craigslist job ads today, for example, you would probably see a lot of job ads that cross the line — people looking for a man to do heavy lifting, a woman for child care, a waitress that has certain physical attributes." Tips for employers Evidence of discrimination comes when potential recruits are de- nied an interview opportunity and then find out targeted job ads were used, said Molyneaux. "at's what employers have to be careful of," she said. "Look at the whole picture of your re- cruitment practices and ask yourself 'Is this something that is discriminatory or potentially discriminatory?'" "Using a targeted ad won't al- ways be wrong. But if that's all you're using, you may be treading on very dangerous territory." Avoiding discrimination in recruitment practices is every- one's responsibility, according to Wazed. "With every technology tool, there's pros and cons," he said. "It's just like a knife — you can use it to chop up your vegetables and cook a nice meal and, also, you can use the same knife to do harm." "It really all comes down to the person who's running the ad. e person needs to be just cognizant (that) if they don't use it properly, then it may kind of go into that grey area of age discrimination and all that." Employers considering Face- book for recruitment should first seek legal advice and conduct a review of recruitment policy, said Molyneaux. Responsibility ultimately falls with the employer, and proper policy and advance discussion on appropriate ways to use social media can reduce mistakes and unnecessary costs, she said. "Facebook could improve the platform to make this harder to do, but the duty not to discrimi- nate in employment is a duty that the employer has, so they need to be careful about what boxes they're ticking," said Molyneaux. "If you're solely posting on Facebook, and you're doing so in a way that is highly targeted on protected grounds, you're go- ing to run into trouble, unless an exception to the general rules of non-discrimination applies to you, unless there's a really good reason for your discrimination on the basis of those factors." Those who recruit through LinkedIn could also face poten- tial charges of discrimination if an employer can view a photograph, ethnicity, age or gender — infor- mation a recruiter typically can- not ask for, she said. And while a total ban on target- ed job ads is not expected, human rights tribunals will likely contin- ue to investigate on a case-by-case basis, said Molyneaux. "Employers who think that this is a black box they can put what- ever they want into are wrong — employees can very easily find out why they're being targeted," she said. "If you have anything to be embarrassed about, it's time to rethink your strategy, because as the public becomes more aware of the practice and of the tools they can use to find out why they're being targeted, employers are going to be facing some difficult questions." While many employers have a business presence on Facebook, the extent of their usage typically ends at branding, said Wazed. e vast majority of job ads on Facebook are the product of re- cruitment agencies, he said. "You need to have some sort of training to run Facebook ads," said Wazed. "It's not like a), b), c), you just open the system and you run ads." Still, the social media platform remains a quality recruitment op- tion, and employers should not be afraid to use it, he said. "You can hire a lot of folks on Facebook — good quality people. You have to strike a balance." Fine line between discrimination and targeting FACEBOOK < pg. 1 Why am I seeing this ad? Facebook's help centre explains how the company decides which ads to show individual users. Examples include: • Facebook activity (liking a page or post, or clicking on ads you see) • other information gleaned from an account (age, gender, location, devices used) • personal information shared by advertisers (email address) • activity on websites and apps outside of Facebook (this function can be turned off) To see why Facebook is showing you an ad: • Click on the three dots in the top right corner of the ad. • Click 'Why am I seeing this ad?' (there are different reasons, such as the person visiting a website by the advertiser) • If available, click > next to the reason to view more information. 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