By Kristen Sinisi (October 5, 2018, 11:32 AM EDT) -- Prior to — and even after — the enactment of Title VII of the Civil Rights Act of 1964, newspapers arranged classified employment ads by sex. "Help Wanted - Male" and "Help Wanted - Female" ads peppered the newspapers and unabashedly announced employers' gender preferences. In 1968, following Title VII's enactment and a hard-fought battle by women's rights activists, the U.S. Equal Employment Opportunity Commission made clear that sex-based employment ads violated the statute. This issue remained relatively well-settled for the past 50 years, until Facebook's targeted advertising platform recently resurrected it. The platform, which enables an employer to select the audience for its job advertisements and to exclude users from the audience based on protected characteristics such as sex, has breathed new life into the practice of segregating job ads, potentially in violation of Title VII....
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