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?”
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).
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?
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.
Age discrimination only applies if you’re above 40.
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.
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.
Nobody said that they are from the US.
At the moment you have 69 upvotes, so I can’t, in good conscience, upvote you. But you’re right.
Funny joke number amirite
almost as funny as that other number…
Yes. You are right.
Upvote discrimination.
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.
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.
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).
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
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
Whelp, time for arson then. Sorry, it’s the rules.
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
Because requiring blond hair and blue eyes would, by definition, exclude people based on race.
Not necessarily true, but 100% discrimination based on genetics, which is a protected class.
Yeah bad example. I’m on break at work
And that’s probably for the better.
Tell me how you really feel why don’t you
Just set your profile to @ not US system and your birthday will be 20/4 instead!
Classic age discrimination.
Make sure to find a lawyer who is 69 years old and whose license plate is LOL80085.
They should not censor the company name.
But then you might realize it’s fake.
What do you mean ‘Company Business Incorporated Pty Ltd.’ Isn’t a legitimate employer?
Birthday on LinkedIn is a bit outlandish as age discrimination laws are fairly standard. I think it is more likely that they called it their birthday on some immature post, which may mean that the applicant is a poor cultural fit.
“Nobody was born on 4/20 except Hitler. We do not wish to hire Hitler at this time.”
at this time
Times they are a changin’
“However, the skillset has been retained in our documentation for future potential expansion into potential expansion.”
“Your skills and qualities tell us you may be over qualified for the position. We would like to offer you a role in management instead.”
Well that’s your loss I hear he’s great at PR
What always ticks me off beyond reason in mails like these is the “we genuinely appreciate your time and effort in…”
Fuck. You. With. An. Umbrella.
You don’t appreciate shit, you’re full of shit, yet you’re too shit to even just say what you really want to say: fuck you, we don’t give a damn. Because being actually honest might also be bad and cost money.
Companies like there are the worse and should all burn in hell
Thank you for the opportunity!
I appreciate the time and effort it took to reply
I’d rather get a rejection email than eternally wondering why an AI filtered me out
It’s not the email that bugs me, it’s the fake politeness and language like “but we care! We really do!”
Glad that won’t happen to me. I was born on January 6th.
Now I’m imagining someone legitimately putting their Jan6 involvement on a resume.
Window Structural Integrity Tester (Jan 6th, 2021): Responsibilities included - unconventional team-building activities, conditioning, navigating unfamiliar territory, and breaking down barriers.
Nah, it’d probably be more like:
Security Field Tester (Jan 6, 2021): Part of a group that organized a large-scale “peaceful march” in order to thoroughly check security protocols for the Capitol building. Duties included attempts at theft to see if we’d be stopped, testing window durability by attempting to break them, engaging physically with security staff in riot gear to test security training, and shouting terroristic threats in order to see how secure government protocols were in the event of a riot at a governmental building.
This can’t be real. There are so many red flags this is fake. 1) Everything is censored. 2) GIS lookup only shows reddit and linkedin. The linkedin post is just as vague “learned a colleague received this!” 3) It’s too good to be true. it plays on current fears. 4) It’s just so dumb.
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Of course everything is censored, there is no reason to share personal info like that.
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I don’t know what Geographical Information Systems have to do with this post, are you referring to a reverse image search like google or tineye or something? What were you expecting to find? The original email with all of the aforementioned personal info? Are you surprised content could be posted to Reddit before anywhere else?
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Current fears are justified.
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Poe’s Law tells me not to assume anything is satirical because there will always be people that stupid or greedy.
And yeah, it could be fake, 100%, but your arguments were really dumb.
GIS might be Google Image Search in this case, though I haven’t seen it abbreviated like that before.
That’s what it is.
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1 is in no way a red flag, don’t put other’s personally identifying information on the Internet.
Disagree. If this was true, terrible companies should be named and shamed.
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.
deleted by creator
It’s age modulo!
Under GDPR you have a right for your application to be reviewed by a human rather than an automated rejection. Is there something like that in the country maybe?
Lol, not in the US.
Yes in the US. You can’t discriminate based on age
You can’t discriminate against someone for being older than 40. Being under 40 or having 4/20 as your birthday aren’t protected groups.
I would still take legal action. This isn’t ok.
If nothing else contact your local representative and news outlet
You have the right to apply somewhere else. 😘
I’m pretty sure the GDPR is exclusively an American thing, though I’m not personally aware of this clause, myself.
You’re quite wrong. It’s an EU thing. https://en.m.wikipedia.org/wiki/General_Data_Protection_Regulation
Ah, yes; I’m thinking of DMCA.
That is not what GDPR is about.
You could’ve done a simple search, or even write your comment in a way where you don’t state it as a fact but instead you’re now blatantly wrong.
Wait who puts their birthday on a resume?
Me, why shouldn’t one do that? But my last resume is 10 years old, maybe I am out of touch with all the mumbo jumbo dancing you have to do, to build the “right” resume.
Many places now, that might be illegal to ask for, like race and sex.
Why did sex become illegal ?
Well you can’t make a hiring decision on that basis in most places unless you have a reason. What constitutes “a reason” being variable. Generally if you are prohibited from making a decision on a certain factor, you may not ask about it during an interview.
Sex discrimination can be constituted by various things. For example asking about maritial status, children, plans for pregnancy, soliciting sexual favors, etc. Also in some places, if you thought someone might be trans, you could not ask them about that.
Personally, I would say it shouldn’t matter.
I wouldn’t want to know the birth date of a person I was interviewing, and there’s no need for my interviewer to know mine.
It wasn’t on their résumé it was on their LinkedIn.
Although now the question becomes, why would you put your DOB on LinkedIn, which I have no idea.
I just looked at my LinkedIn and don’t see anywhere that birthday is even displayed. This is clearly fake.
who doesn’t?
I have never, ever put my birthday or age on a CV. Fuck that.
You act like we’re talking about peepee lengths. Doesn’t age seem something very relevant to consider when hiring someone?
I hardly see why it’s relevant at all, no. It’s like a fucking kids painting putting your age on there lmfao.
that comparison doesn’t make sense at all
Timmy, age 5.
How is it relevant? Why should an employer care about your? All they should care about if you can do your job or not. It’s also illegal in many places around the world to make a decision based on someones age.
You should have left in the company name. Shame them publicly.
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.
I really hope OP goes through with the lawsuit because of how funny it is. I want to see it make big news
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.
Nobody looked at that email, it was automated
A hire rejection email. Idk, seems unlikely. Especially one that mentions a concrete reason for rejection.
Nobody looked at that email, it wasn’t real
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.
Reminds me of my sister getting in trouble for saying she had to go at 4:20. It was deemed “unprofessional”. She has a appointment, lol
Well I’d certainly say they dodged a bullet
This is precisely what I came here to say!
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.
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.
