That is probably a slam dunk (minor) discrimination lawsuit. Your circumstances of birth, including the date, are not something you can be judged for.
Follow up with your ID or Birth certificate and ask “Excuse me?”
It wouldn’t get anywhere in the US. Age is the closest protected class, but only applies to over 40 in the US. Discrimination based on month and day of birth isn’t actually illegal.
What about star sign? That’s got to be illegal, and it’s p close to this
They listed the protected classes. Which one is astrology?
Yeah yeah not protected, but same could be said for requiring blond hair or blue eyes. Still discrimination
I am not a lawyer
They did specifically list genetics
How is that different from any other accident of birth that can’t be changed? People really do discriminate based on when you were born:
Not hard to extrapolate a case from this. Imagine a landlord refusing to rent because you’re a “scorpio” or an employer turning you down because they’re looking for a “dog” person.
Bad things, but not illegal
And that’s probably for the better.
Tell me how you really feel why don’t you
Because requiring blond hair and blue eyes would, by definition, exclude people based on race.
Yeah bad example. I’m on break at work
Not necessarily true, but 100% discrimination based on genetics, which is a protected class.
I honestly think there’s a gray area here and it’s worth talking to a lawyer if anything. There are certainly some protections for peoples under 40. Being denied a promotion because you’re “too young” is certainly a protection. The catch is you have to prove it.
This case is easy to prove though if there are any laws over this.
Edit: but now that I think about it, this is only really a protection if you’re already hired at the place. If you just slam the door on people before they can get in, discrimination seems to be legal.
Being denied a promotion because you’re “too young” is certainly a protection.
It’s not actually. Age protections really do only apply to old people. If the person in the post is over 40 though, and got rejected for their birthday, they could probably at least get the company to overturn the rejection. Not sure how well they’d do in court. Most of this stuff doesn’t get enforced well, and that one is already a stretch
but now that I think about it, this is only really a protection if you’re already hired at the place. If you just slam the door on people before they can get in, discrimination seems to be legal.
Pretty sure that protection so applies to the application process. Can’t have places rejecting every non-white candidate for being the wrong race. The problem is proving that you were rejected for a BS reason is really hard because they usually don’t flat out say it, and especially not in writing
I believe it’s legal in the US to pass someone over for promotion because they’re too young. The only protected class related to age is being over 40 (potentially different in some states).
Whelp, time for arson then. Sorry, it’s the rules.
Not true in the US. They could ban anyone born in the entire month of April, or anyone who “looks like a pot smoker” if they wanted to.
Applicants, employees and former employees are ONLY protected from employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability and genetic information (including family medical history).
Nobody said that they are from the US.
I wonder if an argument could be made that birthdate is a component of your genetic information including family medical history? It is also potentially age discrimination?
Creative thoughts, but the exact definitions don’t track (from GINA):
Genetic information.–
(A) In general.–The term “genetic information” means, with respect to any individual, information about–
(i) such individual’s genetic tests,
(ii) the genetic tests of family members of such individual, and
(iii) the manifestation of a disease or disorder in family members of such individual.
(B) Inclusion of genetic services and participation in genetic research.–Such term includes, with respect to any individual, any request for, or receipt of, genetic services, or participation in clinical research which includes genetic services, by such individual or any family member of such individual.
© Exclusions.–The term “genetic information” shall not include information about the sex or age of any individual.
Age discrimination only applies if you’re above 40.
Are you being sarcastic? Or does being rejected for a job for being ‘too young’ fall under a different discrimination law?
(Genuine question, i have no idea)It doesn’t qualify as a type of discrimination that is federally protected. Suprising isn’t it?
Technically this is discrimination based on age.
They were born 4/20/(year). You could make an argument they are discriminating all people exactly (X) years, 4 months, and 2 days old.
Yeah we typically thing age discrimination is saying we only hire people between 20-40y/o but it would also cover it if you said “I won’t hire someone 21 years old only” and still applies to banning someone 21.5 years old. And 21 years and 6 months and 27 days old.
Same applies if I ban anyone with an age divisible by 3. It’s a group of people, but if their age has anything to do with why you aren’t hiring them then I’d say this applies.
20 days
No, the comment was written on the 18th so 2 days. The 4 months only matches because this is December.
wtf does the comment date have to do with April being the (4th) month and the (20th) being the 20th day of the month?
Because how old someone is is relative to the current time. And that’s the wording that the commenter used: People who are x years, y months, and z days old. The next day those same people will be a day older.
Say the discrimination was about people born on Dec 20 instead of April, in that case they (where I am) are currently X years, 11 months, and 30 days old, and tomorrow is their birthday.
I just realized that they did calculate it the wrong direction though, the 4/20 peeps are 3 months and 30 or 29 days old today (not sure on that) today.
I doubt it - your age isn’t determined by your genetics. The family medical history part is so that someone doesn’t fire you (or not hire you) for things like your mom having a kind of cancer that is hereditary. As a manager, if one of my employees tells me their mom has cancer, I’m not allowed to ask what kind.
At the moment you have 69 upvotes, so I can’t, in good conscience, upvote you. But you’re right.
cringe
I’m so sorry that you expected better on a repost about the number 420. 🙄
it’s not a 420 joke you dunce
Do you actually think that the user who posted this applied for this job?
The same user who reposts all the content on lemmy, bless his heart.
This is a joke someone posted elsewhere that has been reposted here.
lemmy winks are so much more rude than reddit posters and twice as gullible.
no i never once thought OP actually went through this experience. please go back to reddit.
Upvote discrimination.
Funny joke number amirite
almost as funny as that other number…
80085?
Come on dude this is a family website.
Get that filth away!
Yes. You are right.
Classic age discrimination.
Make sure to find a lawyer who is 69 years old and whose license plate is LOL80085.
Just set your profile to @ not US system and your birthday will be 20/4 instead!
If that’s real and in the US that’s age discrimination and you can sue, and easily win, even if they say it’s not your age, but the date of your birthday it still would fall under discrimination based on age.
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I honestly can’t tell if you’re serious or not.
edit: I’m not from the US and this seems like a very silly legislation. Unless I’m getting whoooshed.
It’s silly but it addresses a real problem. You don’t see job ads stating no women, Blacks, Mexicans, people with disabilities, etc. (This was very much a thing in the not too distant past, just look at job ads in the USA from the 60s)
Age was added later because employers prefer hiring younger people as they can often pay them significantly less and get more work out of them because of their inexperience.
There are examples of employers firing all of their older workers to save money (though many of these companies turned out as terrible for the long term health of the company).
Older people tend to vote more and the state doesn’t want to pay unemployment to people so hence the law was amended.
This is just another example of age and deviousness triumphing over youth and enthusiasm.
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You can’t teach an old dog new tricks because it is illegal
Age is only a protected class if you are 40 or older.
Well that’s dumb.
That’s because they’re using the wrong date format.
/s
ISO 8601 would probably still trigger the AI
ISO 8601 is love. ISO 8601 is life.
Does it work with omitting the year though?
My dude, that is not a company you want to be working for. On the bright side.
Going to be able to buy a lot of weed after the lawsuit.
Idk if birth dates are protected classes or statuses in most places.
Kind of like saying they won’t hire you because you’re a Scorpio?
Welcome to the United States. Federally speaking at least, there are very few protections for hiring/firing. You can be fired for your hair color, unless the hiring manager is as much of an idiot as he is an asshole and says “black people don’t have blonde hair” (happened in a Hooters case I remember reading). The company policy reads “right hair color for your skin tone”, and is actually normally enforceable in the US because it’s implying no “unnaturally dyed hair”. They hypothetically can turn away an Asian redhead with no legal ramifications so long as she dyed her hair that way.
So yeah, they can 100% not hire you because you’re a Scorpio. More realistically, you’d probably see someone who doesn’t hire Aries, Virgo, or Aquarius because the New York Post had an article claiming those three signs are more likely to get fired.
I fucking despise the fact that AI almost exclusively is responsible for throwing out 99% of all resumes before they reach a human being
This isn’t just AI. AI doesn’t care about jokes or memes or “professionalism.” This was either a review by an actual human that didn’t realize people are born on April 20th or an AI told to reject resumes with that date in it.
Either way, it’s a really dumb person that set this rule.
What is wrong with April 20th?
4:20 is the traditional time to smoke marijuana.
I’m not getting up that early. What’s the point in having a drug habit if you don’t get to lie in I thought that was the whole point?
4:20 p.m., known as 1620 in much of the world.
If a person set the rule it is definitely not an AI…
My guess is it’s programmed to reject 4/20 anywhere it finds it and the programmer didn’t take into account that some values can just happen to be 4/20.
Although I have to ask- who would put any weed references on a resume that wasn’t tailored for, say, a weed dispensary job?
Hmm, might be a list of no go words they complied from somewhere. You’re right, it’s very unlikely that someone actively excluded 420 but maybe they downloaded a list of “bad words”.
I interviewed a guy whose dev career involved a (pretty good) front-end for a grow operation. I believe the ownership at that company may have opted against hiring because of that. I’ll admit, I wasn’t wowed by his skills enough to go to bat for him.
Sounds plausible. Could just be extremely lazy. “What about dates with 4/20” “Oh come on, how often will that legitimately occur”
The chances against it must be one in a million.
The problem isn’t AI the problem is brainless humans who configured the AI.
AI isn’t going to become skynet and take over the world unless someone tells it to. In which case the human is the problem.
You know someone is stupid enough to do it 😂
Someone is going to tell it to
I hope it’s me.
That’s embarrassing. Ping their recruitment team on LinkedIn.
Ping their recruitment team on LinkedIn
This is such a weird way to say “post this screencap publicly on LinkedIn and tag their entire C-level team”
My dad actually got involved in something like this. He got rejected from a job after a background check company confused HIM (a 59-year-old white guy) with another guy (a black 32-year-old man) who happened to share the same name, in the same city, and provided the contracting company with information that stated my father was wanted for felony larceny. I think we wound up getting something like $700 from a small class-action against the background check provider, and it got settled out of court because someone blew it up with the local news.
Holy hell, I would have taken that company to the cleaners. That could have seriously ruined your dad’s reputation and job prospects.
Honestly, they might even consider it fortunate that the company showed them it’s cards now and not when they’re their actual employer. Dodged a bullet.
The company is cards?
Correct. You don’t want to work for cards. The corporate structure is too flimsy. /s
My oldest child was almost born on 4/20, but he decided to cook a little longer.
My wife was so relieved, lol.
Just missed Hitler’s birthday!
*bake a little longer.
C’mon man. It was right there.
and for that reason I give him a downvote
Lol, that was on purpose.
Sue them for age discrimination and watch their lawyers sweat awhile.
That’s not the case here
How so?
There’s no year listed. Just a month and a day.
That’s still age. Its not like this person can just change the day they were born. This is absolutely bs.
Age discrimination in the US only applies if you’re discriminating against them for being over 40. This doesn’t apply here since they’re being rejected for their birthday and not their age.
I still don’t think you can discriminate based on something a person has no control over. This person should file a complaint and name the company by name so I know to avoid it.
You absolutely can refuse to hire someone (in the US) for something they have no control of, assuming it’s not one of the few protected classes. I could refuse to hire you over height, inability to grow facial hair, etc with zero repercussions.
Local company? Send it to the local news. They’ll jump all over a reference to end of days AI.
Local news will use ai to write the article
I mean, we use AI to write Lemmy comments, so I figure it’s all fair.
Doesn’t need to be AI. Just a simple filter to call out the offending information and what field it was in. Still crappy, and something AI would do, but there are cheaper ways to automate the enshittification of job applications.
Is this not completely illegal? Dunno about the USA, in the UK age is a protected characteristic and you would be fucked for trying this. If it’s real ofc.
Only over 40, and this isn’t age it’s their birthday.
Hell, it’s the United States “Home of the free™”, where you can sue for anything.
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It’s age modulo!
Well I’d certainly say they dodged a bullet
This is precisely what I came here to say!
If that’s not a reason to write your dates in a less unhinged format, I don’t know what is.
It’d probably still flag on 1990-04-20 unfortunately, since the application probably didn’t ask for birthday, but date of birth, which would have a year.
Honestly, if you ask for someone’s date of birth and they just give you the month and day, that’s about as useful as saying it was a Wednesday.
I just put the month name instead of the month number personally, assuming this is in response to a resume sent in and not an online form.
Honestly, if you ask for someone’s date of birth and they just give you the month and day, that’s about as useful as saying it was a Wednesday.
Which is honestly all you should feel obligated to give them, since it’s illegal to discriminate based on age. The only potential reason an employer would need to ask for birthday during hiring is to be able to distinguish between applicants with identical names.
It’s also important for any background checks, as well as a huge swath of tax and HR information.
Age discrimination is super illegal, but knowing an applicants age is not.
If you’re in the US and can afford it, Talk to a lawyer.
This is blatant discrimination of a immutable attribute which is a Civil Rights violation.
This is written evidence to that fact.
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This is why I assume this must be fake. Because even a trainee HR employee would look at that email, and not send it out.
Assuming they’re checking the emails at all.
Remember when that guy decided to read a book while his Tesla was doing basic lane following, and merged into a semi? I 'member.
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Nobody looked at that email, it wasn’t real
A hire rejection email. Idk, seems unlikely. Especially one that mentions a concrete reason for rejection.
I really hope OP goes through with the lawsuit because of how funny it is. I want to see it make big news
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“respect” and “professionalism” yeah
