Job adverts on Facebook discriminate by gender, says Dutch human rights institute

Tech company Meta discriminates on the basis of gender when it determines which advertisements for job vacancies are presented to Facebook users in the Netherlands, according to the Netherlands Institute for Human Rights. The case was brought by, among others, Bureau Clara Wichmann, which stands up for the legal position of women.

Bureau Clara Wichmann based their stance on research conducted with Global Witness, a human rights organization. They said their research showed that advertisements for jobs stereotypically considered to be roles for women, like receptionist positions, were shown primarily to women. They also pointed out that advertisements for jobs, like mechanics, were mainly shown to men. The advertisements themselves are said to be gender-neutral.

The Institute ruled this constitutes a form of indirect discrimination, a way of behaving that seems neutral which nevertheless affects people with certain characteristics. In this case, through the operation of the algorithm, which reacts to the click behavior of the users.

“Because the algorithm learns from Facebook user's click behavior, a one-sided view can be initiated of that user. As a result, the algorithm can promote stereotypes.” Meta, Facebook's parent company, does not do enough to combat this, said the Institute.

Meta’s CEO, Mark Zuckerberg, recently announced that the company would stop using independent fact-checkers in the United States, and he also wants to limit content moderation. Zuckerberg also said he would scale back internal policies that promote equal opportunities for people from underrepresented groups.

Despite this, Clara Wichmann believes this is an “important day” for Facebook users. Discriminating algorithms have a knock-on effect in society and “hinder diversity” in the labor market, said Berty Bannor, a lawyer for the organization.

Bannon expects Meta to take the ruling by the institute seriously, even though it is not binding. Clara Wichmann is also considering taking legal action in the Dutch courts but is also open to "a constructive dialogue" with Meta about a fairer system.

Meta was not available for comment on Tuesday afternoon.