• blaine@kbin.social
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    11 months ago

    @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
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      11 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
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        11 months ago

        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
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          11 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.

        • JackFrostNCola@lemmy.world
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          11 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)

          • ramble81@lemm.ee
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            11 months ago

            It doesn’t qualify as a type of discrimination that is federally protected. Suprising isn’t it?

      • Bgugi@lemmy.world
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        11 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.

      • AFK BRB Chocolate@lemmy.world
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        11 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.