• ryathal@sh.itjust.works
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    11 months ago

    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
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      11 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.

      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.

      • AFK BRB Chocolate@lemmy.world
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        11 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).

      • Infynis@midwest.social
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        11 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

      • Trainguyrom@reddthat.com
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        11 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

            • pomodoro_longbreak@sh.itjust.works
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              11 months ago

              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.

                • MrZee@lemm.ee
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                  11 months ago

                  Agreed. A lot of people in this thread are confusing what they believe should be illegal discrimination with what is actually illegal discrimination. Or they believe discrimination laws are more broadly encompassing than they are. There are a lot of kinds of discrimination that most of us agree is bad and shouldn’t be allowed… but unfortunately is not illegal.

                  • AFK BRB Chocolate@lemmy.world
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                    11 months ago

                    Exactly. And though there are protected classes at the federal level, there are also some at the state level and they vary. I’m in California, and we have more than most. If you’re a business owner or manager, you have to know what they are where you are or it can be really bad.