WASHINGTON—The Communications Workers of America (CWA), two individual CWA members, and Target have reached a consensual resolution in a dispute under the Age Discrimination in Employment Act (ADEA), which covers workers age 40 and older, and similar state laws. The complainants were represented by attorneys from AARP Foundation Litigation, Outten & Golden LLP, and Peter Romer-Friedman Law PLLC.

In January 2018, Maurice Anscombe, Lura Callahan, and the CWA filed complaints with the federal Equal Employment Opportunity Commission (EEOC), claiming that Target published job ads on a social media platform in 2017 that were directed to younger workers within certain age ranges only, and not to older workers. Target maintains that its use of those audience selection tools did not violate the ADEA or any other law.

Under the terms of the parties’ resolution, Target has committed to maintain and expand its existing practices to further advance the recruitment and hiring of older workers. These practices include:

• recruiting on websites focused on older workers,
• using images of older workers in job advertisements, and
• participating in job fairs that older workers commonly attend.

Target will also monitor its use of audience selection tools for social media job advertisements to ensure that those ads are lawful and will not seek disclosure of information about or exclude applicants based on their age, date of graduation, generation, or adjectives that describe people in relation to their age (such as “millennial” or “digital native”).

“We are very pleased that Target has committed to these recruitment and hiring practices that promote equal opportunities for all workers regardless of age and provide a model for other employers to follow,” said William Alvarado Rivera, Senior Vice President for Litigation at AARP Foundation. “Age should play no role in any employment decision. Experienced workers should have a level playing field in their ability to compete for, obtain, and retain jobs.”

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About AARP Foundation
AARP Foundation works to end senior poverty by helping vulnerable people over 50 build economic opportunity. Our approach emphasizes equitable outcomes for populations that have faced systemic discrimination. As AARP's charitable affiliate, we serve AARP members and nonmembers alike. Through vigorous legal advocacy and evidence-based solutions, and by building supportive community connections, we foster resilience, advance equity, and restore hope. To learn more, visit aarpfoundation.org or follow @AARPFoundation on social media.

About Outten & Golden LLP
Outten & Golden is one of the nation’s premier employment law firms that specializes in representing employees in various industries, focusing on workplace discrimination, harassment, retaliation, and wage and hour violations.  For media inquiries, contact the O&G Media Department at 516-261-6080 or og@outtengolden.com. 

About Peter Romer-Friedman Law PLLC
Peter Romer-Friedman Law PLLC is a public interest law firm that represents people, non-profit groups, and unions to advance justice in a range of legal areas, including employment discrimination, constitutional rights, fair housing, public accommodations, and consumer protection. For inquiries, contact peter@prf-law.com or 202-355-6364.

About CWA
The Communications Workers of America represents working people in telecommunications, customer service, media, airlines, health care, public service and education, manufacturing, tech, and other fields. cwa-union.org @cwaunion