The cornerstone to advertising through social media is the ability of the advertiser to reach the intended audience. In terms of selling, this is a great feature. A financial services firm, for example, can shape advertisements to a demographic that has more personal appeal, increasing the opportunity for a click-through and purchase or engagement. The same can be true for hiring. Looking to bolster the workforce and hire young, eager job seekers? Social medial advertising may help.
A recent NY Times article highlights the exposure that running such ads may create in potentially violating the Age Discrimination in Employment Act of 1967 (ADEA). Jackson Lewis offers an alert about the potential claim through the ADEA. While there are no specific recommendations offered, the basis of a claim is wrapped in the context of a social media ad being the basis for a company regularly targeting younger applicants. Recently, a complaint was filed against companies making this allegation.
As this potential new exposure develops, reviewing hiring practices and ensuring those practices are consistent with federal, state and local employment laws is critical. Checking back time-to-time with the Jackson Lewis Employment Class and Collective Action practice group may also provide some advice and guidance. Insured’s of Berkley FinSecure can utilize the EPL Carry*Thru content to have discussions and check on progress with regard to this potential exposure. As always, Berkley FinSecure will work to provide updates to this and other areas of potential exposure.
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