Facebook's algorithm constitutes 'indirect discrimination on the basis of sex'
Facebook's algorithm in recommending job ads to users constitutes indirect discrimination by gender, according to France's equalities regulator, in a new decision from a European country that holds the tech giant accountable for the algorithm.
Défenseur des Droits ruled in a decision last month that Meta, Facebook's parent company, is breaking French anti-discrimination law for the sexist job ads recommendations of its algorithm.
"The system implemented to disseminate job opportunities treats users of the Facebook platform differently because of their gender and constitutes indirect discrimination on the basis of sex," the Défenseur des Droits ruled.
It gave Meta three months to implement measures to ensure the non-discriminatory nature of the display of advertisements for job opportunities.
Facebook's discriminatory algorithm
The decision comes after a complaint filed by French women's rights organisations, Fondation des Femmes and Femmes Ingénieures, in collaboration with investigative campaigning organisation Global Witness.
The complaint alleges that Facebook's system for advertising jobs was discriminating on the basis of sex, based on findings from Global Witness in 2023.
According to the findings, the job ads on Facebook for mechanic positions were mostly shown to male users, while postings for preschool teacher positions were mostly shown to female users.
"We are concerned that in showing job ads predominantly to one gender the company's ad delivery algorithm is not just replicating, but exacerbating the biases we see in society, narrowing opportunities for users, and frustrating progress and equity in the workplace and society at large," Global Witness said in the report.
A 'milestone' ruling
Rosie Sharpe, Senior Campaigner at Global Witness, called the French watchdog regulator's decision a "milestone" in showing what's illegal offline is also illegal online.
"Facebook must comply with the demands of the regulator immediately and stop its algorithm from discriminating - not only based on gender or in France but on all protected characteristics, across the world," Sharpe said in a statement.
Floriane Volt, Director at Fondation des Femmes, similarly called the decision a "significant milestone."
"The Défenseur des droits has formally acknowledged that algorithms can replicate and exacerbate gender-based discrimination, effectively and symbolically closing doors to women — and restricting their freedom," Volt said in a statement.
"This infringement on women's rights is particularly serious as it limits their access to traditionally male-dominated sectors, which tend to offer higher pay and better career prospects."
Meanwhile, Meta rejected the ruling in a statement.
"We disagree with this decision and are assessing our options," a Meta spokesperson said as quoted by The Guardian.
This is the second time that a European body has ruled that Facebook's algorithm in presenting job ads is discriminatory.
The Netherlands Institute for Human Rights found earlier this year that Meta uses an advertising algorithm that is reinforcing gender stereotypes after a similar complaint from Global Witness.
