This person's rejection reason
3 years ago by The Picard Maneuver to c/mildlyinfuriating
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.
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)
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.
(C) 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.
At the moment you have 69 upvotes, so I can't, in good conscience, upvote you. But you're right.
Funny joke number amirite
Yes. You are right.
I'm so sorry that you expected better on a repost about the number 420. 🙄
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
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.
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.
at this time
Times they are a changin'
"However, the skillset has been retained in our documentation for future potential expansion into potential expansion."
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
I'd rather get a rejection email than eternally wondering why an AI filtered me out
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 (Google image search) 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.
That's what it is.
Disagree. If this was true, terrible companies should be named and shamed.
I fucking hate people like you.
"Everything on Reddit/Lemmy is fake and gay. Here's my evidence."
All evidence easily has an explanation, most of it laughably so.
What do idiots who claim everything is fake get out of it? To troll the OP? Or do you just want to spread your misery?
It’s age modulo!
This is most likely fake.
If this was automated, a company automating rejection emails would never write the reason for rejection. It would be a vague excuse like "not a good fit for the role".
If this was not automated, then no recruiter would be this stupid.
Wait who puts their birthday on a 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.
Don't put your age. It can lead to unintentional (or intentional) age discrimination and it's better for your experience to be the focus.
Age isn't a factor in hiring, so there's no need to put it on there. It could only be a detriment to the applicant.
It's generally not hard to figure out someone's age if their work and education history is listed
Some of us don't clutter up our resumes with every job we've ever had. My resume lists nothing irrelevant to my current career. I was well into adulthood at that time. Who cares where I went to highschool? It demonstrates respect for the time of the person tasked with reading a stack of resumes to not waste their time.
Unless you are trying to get a job with min/max age requirements, like airline pilot or us president, age provides no valuable information to potential employer other than a factor to illegally discriminate on.
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.
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.
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?
Yes in the US. You can't discriminate based on age
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/...
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.
On the one hand this is a bad that this happened to you, because the reasoning is completely idiotic.
On the other hand it can be a learning lesson that it's better to write your birthday as April 20th, and never as 4/20.
PS: Please name that company publicly. Maybe write a short mail to a website about tech news, like https://arstechnica.com or https://www.wired.com. You could also try the blog https://boingboing.net
But that's still Hitler's birthday, which is very unprofessional.
Also the anniversary of columbine... Man I hate my birthday.
But, for real, I hope you just hate it for jokes. Every date has seen atrocities.
Imagine having a birthdate of April 26th 1986
So unprofessional.
Publicity will help prevent such major oversight. This is the problem with using AI for hiring practices instead of real people. Applying to jobs in the 2020s with a college degree, experience in the field, required employment history, and certifications STILL feels like applying for credit cards online with bad credit due to AI prematurely denying many applicants on frivolous grounds before it even gets to the recruiters email/web portal. That being said I don't think this person is the person who received the email themselves they are just posting it here.
It may not be worth listening to me on this because I only got to preliminary stages of looking for a new job before finding out that I would need to be a full time learning coach for my daughter's online school, but I had ChatGPT rewrite my resume for me. My reasoning was that if AI is weeding out resumes, they'll be less likely to weed out a resume written by what an AI thinks a resume should look like.
For the $5 starbucks gift card they give out on employee birthdays
I really hope OP goes through with the lawsuit because of how funny it is. I want to see it make big news
Nobody looked at that email, it was automated
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.
why is your comment glowing golden for me?
I fucking despise the fact that AI almost exclusively is responsible for throwing out 99% of all resumes before they reach a human being
This isn't just AI. AI doesn't care about jokes or memes or "professionalism." This was either a review by an actual human that didn't realize people are born on April 20th or an AI told to reject resumes with that date in it.
Either way, it's a really dumb person that set this rule.
Although I have to ask- who would put any weed references on a resume that wasn't tailored for, say, a weed dispensary job?
I interviewed a guy whose dev career involved a (pretty good) front-end for a grow operation. I believe the ownership at that company may have opted against hiring because of that. I'll admit, I wasn't wowed by his skills enough to go to bat for him.
Hmm, might be a list of no go words they complied from somewhere. You're right, it's very unlikely that someone actively excluded 420 but maybe they downloaded a list of "bad words".
4:20 is the traditional time to smoke marijuana.
The problem isn't AI the problem is brainless humans who configured the AI.
AI isn't going to become skynet and take over the world unless someone tells it to. In which case the human is the problem.
Someone is going to tell it to
I hope it's me.
You know someone is stupid enough to do it 😂
If that's real and in the US that's age discrimination and you can sue, and easily win, even if they say it's not your age, but the date of your birthday it still would fall under discrimination based on age.
Age is only a protected class if you are 40 or older.
Well that's dumb.
It’s silly but it addresses a real problem. You don’t see job ads stating no women, Blacks, Mexicans, people with disabilities, etc. (This was very much a thing in the not too distant past, just look at job ads in the USA from the 60s)
Age was added later because employers prefer hiring younger people as they can often pay them significantly less and get more work out of them because of their inexperience.
There are examples of employers firing all of their older workers to save money (though many of these companies turned out as terrible for the long term health of the company).
Older people tend to vote more and the state doesn’t want to pay unemployment to people so hence the law was amended.
This is just another example of age and deviousness triumphing over youth and enthusiasm.
Well I'd certainly say they dodged a bullet
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.
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.
That's embarrassing. Ping their recruitment team on LinkedIn.
Ping their recruitment team on LinkedIn
This is such a weird way to say "post this screencap publicly on LinkedIn and tag their entire C-level team"
My dad actually got involved in something like this. He got rejected from a job after a background check company confused HIM (a 59-year-old white guy) with another guy (a black 32-year-old man) who happened to share the same name, in the same city, and provided the contracting company with information that stated my father was wanted for felony larceny. I think we wound up getting something like $700 from a small class-action against the background check provider, and it got settled out of court because someone blew it up with the local news.
Holy hell, I would have taken that company to the cleaners. That could have seriously ruined your dad's reputation and job prospects.
Fake news artists would NEVER reject weed
That’s the great thing about AI, it’s like a human! Humans don’t need to work anymore because our computers speak like us now! It’s only ever really a problem if someone reads what AI wrote.
But if you don’t read it, wow, just look at the spacing, the typography, the paragraphs! the tokens words!
*bake a little longer.
C'mon man. It was right there.
Just missed Hitler's birthday!
Could this be considered discrimination? Rejecting applicant based on something they have no control over and unrelated to the position.
I doubt individual birthdays are considered a protected class, so I doubt it.
Discrimination as such I don't think so but under the new EU AI regulations they'd be in a world of hurt. For one, did they tell OP that the answer was AI-generated and, as this is a high-risk use of AI, did they include a link to report incidents, do they have human oversight, can they prove that they monitored the AI properly, that it was created with risk management in mind?
Probably not. It's super expensive to do it properly. Definitely in the millions of dollars range.
A good lawyer could probably argue a case for age discrimination.
After all, if they were one day older or younger, they would not have been summarily denied.
I am not a good lawyer
That's dumb. Say what you will about hitler, but he was very efficient. Capitalists historically were major fans of hitler.
And vice versa. Hitler was a major fan of Henry Ford too.
He did think the capitalists who perpetuated the system of chattel slavery took the idea of eugenics too far though.
He certainly was very efficient when it came to killing Adolf Hitler.
Don't worry, that's also when Columbine and the Deepwater oil crisis happened too.
So was my ex, who was kinda hitleresque
There are people laughing at them for not hiring someone born at 20th of April , very same folks riding elevators and not finding weird that the 13th floor is missing.
Age discrimination in the US at least is driven by "40 or over". I think any lawyer would be able to argue that "which day of the year you're born" is not indicitive of a protected class. Because we're fucked in the US and you can still formally be passed up on a job for being under 39 years old as long as you it's not because "you're almost 40, and we're not allowed to get rid of you when you turn 40"
So the email validation guy is also writing date validation code?
“respect” and “professionalism” yeah
I don't understand why the name of the company is redacted. They chose to send this letter, let 'em own it.
Damn, hopefully that won't happen to me. I was born on June 9th
Says the guy who was probably born on September 6.
Nice day.
Sue them for age discrimination and watch their lawyers sweat awhile.
That's not the case here
How so?
That's still age. Its not like this person can just change the day they were born. This is absolutely bs.
Honestly, they might even consider it fortunate that the company showed them it's cards now and not when they're their actual employer. Dodged a bullet.
Correct. You don't want to work for cards. The corporate structure is too flimsy. /s
I would spam them with even more "inappropriate" but equally plausible applications out of sheer pettiness and the vain hope that a real person would see it and realize that using AI to screen job applications is an awful idea.
If that’s not a reason to write your dates in a less unhinged format, I don’t know what is.
It'd probably still flag on 1990-04-20 unfortunately, since the application probably didn't ask for birthday, but date of birth, which would have a year.
Honestly, if you ask for someone's date of birth and they just give you the month and day, that's about as useful as saying it was a Wednesday.
Honestly, if you ask for someone's date of birth and they just give you the month and day, that's about as useful as saying it was a Wednesday.
Which is honestly all you should feel obligated to give them, since it’s illegal to discriminate based on age. The only potential reason an employer would need to ask for birthday during hiring is to be able to distinguish between applicants with identical names.
4\20
So, uh, what was on 4/20?
For possible non US people? https://knowyourmeme.com/memes/events/420
In fairness for non-US this makes even less of an issue as my birthday is 20/4 and 4/20 as a date is meaningless.
Close. He died on 4/30, he was born on 4/20. But there were many deaths at Columbine High School on 4/20/1999.
Ignoring my first instinct, I tried to imagine some context to this, and if someones linkedin profile says he is in his 30s with a lot of experience, but somehow after applying, they got a cv of a 20 year old with little experience, it put them into a situation where the first impression based on this breaks the trust they try to build with an applicant.
It is probably still not wise to point out the age discrepancy, but i can see how I wouldn't want to work with someone who I only know for 5 seconds but already confused me.
There is a chance, the letter was written by an AI, but equaly can be a corporate template.
If it was a typo, and the difference is only a couple days, tough luck, maybe you should remove the "attention to details" part from your cv. :D
The issue is the 4/20 (blaze it).
It also seems fake.
What? How old are you?
Op is 54 years old
How do you know?
I did the math. It was a nice year.
Based on what?
If you were normal... 20/4/19xx ... or 20th of April, 19xx. If you insist on freedom units and format, its your own fault!
Also, who knows what it was written to identify? you are all speculating. It could have been weed smokers (420) but it could also have been written to filter out the yanks...!
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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?"
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