How to Avoid Participating in Algorithmic Discrimination

28 November 2022 | Raj Laxman

Employers are increasingly looking to advertise vacancies on various social media channels, but they need to carefully consider where they advertise such opportunities to avoid criticism and possible legal claims. Employers thinking of advertising jobs online should take care to avoid allegations of discrimination in recruitment due to the use of online algorithms.

The Equality Act 2010 makes it illegal to discriminate against an individual applying for work based on their protected characteristics. These include sex, age, race, disability, religion or belief, sexual orientation, marriage and civil partnership, pregnancy and maternity, and gender reassignment.

The Equality Act 2010 does have certain exceptions to having applicants of certain characteristics, so, for example, the need for a black male actor for a specific role in a play. However, the Equality Act 2010 imposes on an employer an obligation to prevent direct and indirect discrimination. In recruitment, this will apply to the process they follow when deciding which applicants to target through job advertising and the interview procedure.

Employers are now using social media platforms for networking and recruitment. What employers must be careful of is that such social media platforms and channels may use algorithms that filter out individuals of certain backgrounds. Certain individuals may be excluded from being informed about job opportunities due to their gender, age, or disability. Although the employer may not agree with or beware of such algorithms, they nevertheless may expose you to a claim of direct or indirect discrimination in recruitment.

To protect your business, it is important that you do your research on the social media platform of your choice. Employers should demand in writing that the advertisement avoid targeting vacancies for specific types of individuals or groups of individuals. Employers can assess the campaign by viewing the people who look at their ads to ensure the ads are reaching a broad range of potential applicants. If you recognise an issue, you should speak to the social media platform to ensure that these matters are tackled at the earliest opportunity before they escalate into litigation.

The article is for informational and educational purposes only and should not be relied upon as legal advice.

Should you need any further assistance on the matter, please do not hesitate to call our advice-line team for free on 0116 274 9193.

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