Today, the Netherlands Institute for Human Rights issued its ruling in response to a petition filed by Global Witness and Bureau Clara Wichmann against i.a. Metal Platforms Ireland Ltd (hereinafter: Metal Ireland) (formerly known as Facebook). The Institute rules that Meta Ireland is making prohibited indirect discrimination on the grounds of gender when showing job vacancy advertisements to Facebook users in the Netherlands.
The Institute bases its judgment on Dutch equal treatment legislation, including the General Equal Treatment Act (in Dutch: Algemene Wet Gelijke Behandeling). This national legislation is also based on European equal treatment law and the principle of non-discrimination, which is a general principle of EU law. Offering job vacancy advertisements on the platform (Facebook) qualifies as a ‘service’ within the meaning of the equal treatment legislation. As provider of such a service, Meta Ireland is obliged to refrain from prohibited discrimination on the grounds of gender.
The Institute agrees that research conducted by Global Witness into the functioning of the advertising algorithm has established the presumption of prohibited indirect discrimination. According to the Institute, Meta Ireland has failed to refute that presumption. Without monitoring and possible measures Meta Ireland’s advertising algorithm can promote stereotyping, the Institute held.Given the general interest thatis served by the equal treatment legislation to which Meta Ireland is also bound, Meta Ireland has a duty of care to specifically monitor and investigate the extent to which stereotyping occurs in its advertising algorithm and to take neutralizing measures. In the Institute’s view, Meta Ireland has not demonstrated that this duty of care has been met.
Global Witness and Bureau Clara Wichmann are represented by lawyers Thomas van der Sommen and Brechtje Vossenberg.
For more information, inquiries and a copy of the ruling please see the press release issued by Global Witness and Bureau Clara Wichmann here.
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