As a general rule, Texas employers aren't allowed to make hiring decisions about a potential employee based primarily on his or her age. However, it is unclear if advertising that only targets certain demographics is illegal. It is also uncertain whether recruiting only at colleges or selecting candidates based on their years of experience is illegal. According to a representative from Facebook, targeting certain demographics through a specific channel is not a violation of the law.
This assumes that the targeting is part of an effort to reach out to multiple demographics through multiple channels. A lawsuit brought against companies such as Facebook by the Communications Workers of America disagrees with that assessment. Facebook has already agreed to a settlement with Washington authorities that makes it illegal to hide ads from people based on sexual orientation and national origin.
Therefore, critics say that Facebook could put an end to age discrimination in advertising if it wanted to. Other large companies such as T-Mobile are included in the Communications Workers of America suit. Legal professionals are not sure if cases related to potential age discrimination in advertising will be allowed to proceed. The 7th U.S. Circuit Court of Appeals did side with a plaintiff in a case in which his company limited the amount of experience an applicant could have. However, the company is appealing the ruling.
If an employer makes a hiring or employment decision based on how old the applicant is, it may be considered age discrimination. Those who believe that they have been a victim of such discrimination may benefit by hiring an attorney. Doing so may make it possible to preserve their rights and seek a favorable resolution to their case. A favorable resolution may include obtaining punitive or types of financial damages.