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?”
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.
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.
Age discrimination only applies if you’re above 40.
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.
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.
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
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.
Bad things, but not illegal
Because requiring blond hair and blue eyes would, by definition, exclude people based on race.
Not necessarily true, but 100% discrimination based on genetics, which is a protected class.
Yeah bad example. I’m on break at work
And that’s probably for the better.
Tell me how you really feel why don’t you
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.
They should not censor the company name.
But then you might realize it’s fake.
What do you mean ‘Company Business Incorporated Pty Ltd.’ Isn’t a legitimate employer?
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
Thank you for the opportunity!
I appreciate the time and effort it took to reply
I’d rather get a rejection email than eternally wondering why an AI filtered me out
It’s not the email that bugs me, it’s the fake politeness and language like “but we care! We really do!”
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.
That’s the same joke, but worse.
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.
Or the LLM is just that incompetent lol
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?
Lol, not in the US.
Yes in the US. You can’t discriminate based on age
You can’t discriminate against someone for being older than 40. Being under 40 or having 4/20 as your birthday aren’t protected groups.
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. 😘
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.
Well, I hope that this gets someone in shit.
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.
“Choose a better date to be born on next time, okay?”
Reminds me of my sister getting in trouble for saying she had to go at 4:20. It was deemed “unprofessional”. She has a appointment, lol
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
tokenswords!Historical fun fact: this is why Hitler was rejected from art school in Vienna.
Fake news artists would NEVER reject weed
Local company? Send it to the local news. They’ll jump all over a reference to end of days AI.
Local news will use ai to write the article
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 oldest child was almost born on 4/20, but he decided to cook a little longer.
My wife was so relieved, lol.
*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.
… yet.
You arent going to write protections until it becomes apparent they are needed.
Stupidest timeline? Maybe
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?
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.
