Job ads on Facebook discriminated against women and older workers

It seems like there are two key issues here. One is whether and to what extent Facebook is liable for the use of its advertising platform:

> Facebook has argued that the company is not legally responsible when other companies buy ads that violate the law. Its lawyers cited the Communications Decency Act, a federal law that protects internet companies from liability for content created by third parties. But user groups argue that Facebook ads are not third-party content because the company developed the micro-targeting ad technology.

The second is whether, assuming they do have liability for the targeting of job posts on their platform, whether it is legal for them to allow targeting based on certain protected classes/status:

> While it’s generally not against the law for businesses to advertise services to people of a certain race or age, it can be illegal in certain contexts. For example, ad campaigns related to housing, real estate, financial services, and job opportunities cannot exclude black and Latino people.

> The recent EEOC decision suggests that targeting digital job ads based on gender and age is also illegal. Under federal law, workers and job seekers must first file discrimination complaints with the EEOC before they can sue in federal court.

Given Facebook's reach and the ability to micro-target users in discriminatory ways, I am glad this is getting more oversight and scrutiny. I worry, though, that companies will instead start targeting highly correlated proxies for whatever protected class they're trying to filter for.