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?
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.
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.
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.
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.
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.