• blaine@kbin.social
    link
    fedilink
    arrow-up
    115
    arrow-down
    2
    ·
    edit-2
    7 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
      link
      fedilink
      English
      arrow-up
      27
      arrow-down
      1
      ·
      7 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?

      • Bgugi@lemmy.world
        link
        fedilink
        English
        arrow-up
        1
        ·
        7 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.

      • Tbird83ii@lemmy.dbzer0.com
        link
        fedilink
        English
        arrow-up
        9
        ·
        edit-2
        7 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.

      • AFK BRB Chocolate@lemmy.world
        link
        fedilink
        English
        arrow-up
        1
        ·
        7 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.