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.
Comment on This person's rejection reason
ocassionallyaduck@lemmy.world 6 months ago
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?”
ryathal@sh.itjust.works 6 months ago
Pickle_Jr@lemmy.dbzer0.com 6 months 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.
AFKBRBChocolate@lemmy.world 6 months ago
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).
Trainguyrom@reddthat.com 6 months ago
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
Infynis@midwest.social 6 months ago
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
wreckedcarzz@lemmy.world 6 months ago
Whelp, time for arson then. Sorry, it’s the rules.
pomodoro_longbreak@sh.itjust.works 6 months ago
What about star sign? That’s got to be illegal, and it’s p close to this
GentlemanLoser@ttrpg.network 6 months ago
They listed the protected classes. Which one is astrology?
pomodoro_longbreak@sh.itjust.works 6 months ago
Yeah yeah not protected, but same could be said for requiring blond hair or blue eyes. Still discrimination
I am not a lawyer
Nouveau_Burnswick@lemmy.world 6 months ago
Just set your profile to @ not US system and your birthday will be 20/4 instead!
AlfredEinstein@lemmy.world 6 months ago
Classic age discrimination.
Make sure to find a lawyer who is 69 years old and whose license plate is LOL80085.
blaine@kbin.social 6 months ago
@ocassionallyaduck
@The_Picard_Maneuver
Not true in the US. They could ban anyone born in the month of April 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 6 months ago
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 6 months ago
Technically this is discrimination based on age.
They were born 4/20/(year). You could make an argument they are discrimination on all people exactly (X) years, 4 months, and 2 days old.
CleoTheWizard@lemmy.world 6 months 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.
TseseJuer@lemmy.world 6 months ago
20 days
droans@lemmy.world 6 months ago
Age discrimination only applies if you’re above 55.
JackFrostNCola@lemmy.world 6 months 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)
Bgugi@lemmy.world 6 months ago
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.
AFKBRBChocolate@lemmy.world 6 months ago
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.
GlitterInfection@lemmy.world 6 months ago
At the moment you have 69 upvotes, so I can’t, in good conscience, upvote you. But you’re right.
KingJalopy@lemm.ee 6 months ago
Funny joke number amirite
GlitterInfection@lemmy.world 6 months ago
Yes. You are right.
moosetwin@lemmy.dbzer0.com 6 months ago
almost as funny as that other number…
TseseJuer@lemmy.world 6 months ago
cringe
GlitterInfection@lemmy.world 6 months ago
I’m so sorry that you expected better on a repost about the number 420.
jaybone@lemmy.world 6 months ago
Upvote discrimination.
Chev@lemmy.world 6 months ago
Nobody said that they are from the US.