this post was submitted on 18 Dec 2023
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Mildly Infuriating

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[–] ocassionallyaduck@lemmy.world 8 points 1 year ago (2 children)

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?"

[–] blaine@kbin.social 2 points 1 year ago (3 children)

@ocassionallyaduck

@The_Picard_Maneuver

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).

[–] flyingjake@lemmy.one 3 points 1 year ago (2 children)

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?

[–] Tbird83ii@lemmy.dbzer0.com 2 points 1 year ago* (last edited 1 year ago) (1 children)

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.

[–] CleoTheWizard@lemmy.world 1 points 1 year ago

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.

[–] droans@lemmy.world 0 points 1 year ago* (last edited 1 year ago) (1 children)

Age discrimination only applies if you're above 40.

[–] JackFrostNCola@lemmy.world 1 points 1 year ago

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)

[–] Chev@lemmy.world 1 points 1 year ago

Nobody said that they are from the US.

[–] GlitterInfection@lemmy.world 0 points 1 year ago (2 children)

At the moment you have 69 upvotes, so I can't, in good conscience, upvote you. But you're right.

[–] KingJalopy@lemm.ee 0 points 1 year ago (1 children)
[–] moosetwin@lemmy.dbzer0.com 0 points 1 year ago (1 children)

almost as funny as that other number...

[–] WhiskyTangoFoxtrot@lemmy.world 0 points 1 year ago (1 children)
[–] Blooper@lemmy.world -1 points 1 year ago

Come on dude this is a family website.

[–] TseseJuer@lemmy.world 0 points 1 year ago (1 children)
[–] GlitterInfection@lemmy.world 0 points 1 year ago* (last edited 1 year ago) (1 children)

I'm so sorry that you expected better on a repost about the number 420. 🙄

[–] TseseJuer@lemmy.world 0 points 1 year ago (1 children)

it's not a 420 joke you dunce

[–] GlitterInfection@lemmy.world -1 points 1 year ago

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.

[–] ryathal@sh.itjust.works 0 points 1 year ago (2 children)

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.

[–] Pickle_Jr@lemmy.dbzer0.com 1 points 1 year ago* (last edited 1 year ago)

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.

[–] pomodoro_longbreak@sh.itjust.works 0 points 1 year ago (1 children)

What about star sign? That's got to be illegal, and it's p close to this

[–] GentlemanLoser@ttrpg.network 0 points 1 year ago (1 children)

They listed the protected classes. Which one is astrology?

[–] pomodoro_longbreak@sh.itjust.works 0 points 1 year ago (1 children)

Yeah yeah not protected, but same could be said for requiring blond hair or blue eyes. Still discrimination

I am not a lawyer

[–] NateSwift@lemmy.world 0 points 1 year ago (1 children)

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.