Did Facebook ads targeted at people under 50 unlawfully discriminate on the basis of age?

Several property management companies in the Washington, D.C. area advertised rental properties on Facebook, but only to users aged 50 and younger. Plaintiff, a 55-year-old woman, never saw these ads while searching for housing. She sued, claiming the companies discriminated against her based on age.

Plaintiff argued that by excluding users over 50 from seeing the ads, the companies deprived her of housing opportunities and information. She asked the court for a declaratory judgment, a permanent injunction, and damages. The district court dismissed the case, ruling that she lacked standing because she had not suffered a concrete injury. She sought review with the Fourth Circuit.

The appellate court upheld the dismissal. The court explained that to have standing, a plaintiff must show an injury that is real, personal, and specific. Plaintiff’s claim failed because she did not allege that she had directly been denied housing or misled by the defendants. She also did not prove that, even without age targeting, she would have seen the ads. Facebook’s algorithm determined ad distribution based on multiple factors, not just age. The court also rejected her argument that she suffered stigma from the companies’ ad practices, finding that she had not been personally affected in a way that would give her standing to sue.

Three reasons why this case matters:

  • Simply being part of a group that may have been treated unfairly is not enough; a plaintiff must show personal harm.
  • Businesses using demographic filters in online ads may be shielded from lawsuits unless a plaintiff can prove direct harm.
  • The ruling highlights that courts do not recognize speculative or abstract injuries as grounds for a lawsuit.

Opiotennione v. Bozzuto Mgmt. Co., 2025 WL 678636 (4th Cir. Mar. 4, 2025)

Plaintiff failed to show that Facebook pics supported hostile workplace claim

Jabbar v. Travel Services, Inc., 2010 WL 3563112, (D.Puerto Rico September 10, 2010)

Plaintiff sued her former employer for racial discrimination. The court granted summary judgment in favor of the employer, finding there was not enough evidence to go to trial on plaintiff’s claim. Plaintiff asked the court to reconsider the judgment against her. The court held its ground.

One of the assertions that plaintiff made was that someone from work had posted a discriminatory comment on a Facebook photo taken at a company outing.

The court found there was no evidence apart from plaintiff’s own deposition testimony that the company’s official policy was to upload photos to Facebook. And there was no evidence as to who owned the Facebook account in question.

So the court found no basis to overturn its earlier determination that plaintiff failed to establish a prima facie case of employment discrimination.

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