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> ... but could indicate age bias. Tangential, but... has anyone successfully prosecuted against age bias in tech? I've never heard of a single person that was

> ... but could indicate age bias. Tangential, but... has anyone successfully prosecuted against age bias in tech? I've never heard of a single person that was able to prove it, and/or do anything about it. As someone with 32 years experience, it's kind of freaky, honestly. If it's true that the number of software developers has doubled every 4.5 years (I don't remember where I read this, so don't have a source :( ), then that means there's 1.5% of people in my group and older.

garbagecoder 4y ago
Do anything about it like change the world? Probably not. Like get a settlement? Absolutely. There are a lot of JDs from Google Law School on this site and in the interest of not appearing as one, just look into plaintiff side employment law firms in your area. But disparate impact and disparate treatment are different and both are grounds for a lawsuit. A policy asking about high school GPA when we know there’s no good reason to ask that is taking steps towards a prima facie case of the former under US law, but especially in California if that’s where you are. Even in hiring this is very close to a no no here.
shagie 4y ago
> Tangential, but... has anyone successfully prosecuted against age bias in tech? I've never heard of a single person that was able to prove it, and/or do anything about it. Google settled a couple years ago. https://www.shrm.org/resourcesandtools/hr-topics/behavioral-competencies/global-and-cultural-effectiveness/pages/google-ends-age-discrimination-suit-with-11-million-settlement.aspx https://www.shrm.org/resourcesandtools/hr-topics/behavioral-... IBM ended up settling too. https://www.forbes.com/sites/jackkelly/2018/09/18/the-ibm-age-discrimination-lawsuit-will-shed-light-on-this-harrowing-trend/?sh=20563b65ce13 https://www.forbes.com/sites/jackkelly/2018/09/18/the-ibm-ag... And again... https://www.nytimes.com/2022/02/12/business/economy/ibm-age-discrimination.html?unlocked_article_code=sotjVTpm-HicB1yUKLHD7xERQ52bd43RB9OEjzVXHX7U6PIGcLs3jjwJh_JNJnxH2nz0I2V0wAArvu6kf63oAMne9TdGzzZOTelNmWOAyhddLE4vVn99r6ILciOiYbCJT9dDVmHpkwT1pA56jDSu-myoowySW_ln_HpVHas2fsEk0ooUi_r7dJO1OGN8lxc7ZV7zwxhy8u7tcC__FH4D1geAsBmh5cfcD7l5b7nmo_SFhV4jde5Ii5lDchI2wm5P0QAXbQG9dvCEIcHmGnsz5cGJMG2i_U2nhPhXVt0_1ZaTXAU5yalbda5QIZoL8_JKmf1ycmf7d3IOwJRWQWu5WW-iSUIZxja1zA&smid=share-url https://www.nytimes.com/2022/02/12/business/economy/ibm-age-... https://www.theregister.com/2022/10/04/ibm_settles_more_discrimination_claims/ https://www.theregister.com/2022/10/04/ibm_settles_more_disc... > IBM is preparing to settle yet more age discrimination and wage theft complaints against the IT giant, though in one instance where it has already done so, Big Blue is accused of failing to comply with the terms of its settlement agreement. > Back in 2018, IBM was in the headlines, accused of deliberately trying to get rid of older workers and replace them with younger Millennials. Two years later, the US Equal Employment Opportunity Commission (EEOC) concluded [PDF] that IBM's defense of its decisions – that was just a coincidence if its layoffs seemingly primarily targeted the over-40s – "does not withstand scrutiny" and that "there is reasonable cause to believe that [IBM] has discriminated against [employees] on the basis of age."

garbagecoder 4y ago

Do anything about it like change the world? Probably not. Like get a settlement? Absolutely. There are a lot of JDs from Google Law School on this site and in the interest of not appearing as one, just look into plaintiff side employment law firms in your area. But disparate impact and disparate treatment are different and both are grounds for a lawsuit. A policy asking about high school GPA when we know there’s no good reason to ask that is taking steps towards a prima facie case of the former under US law, but especially in California if that’s where you are. Even in hiring this is very close to a no no here.

shagie 4y ago

> Tangential, but... has anyone successfully prosecuted against age bias in tech? I've never heard of a single person that was able to prove it, and/or do anything about it. Google settled a couple years ago. https://www.shrm.org/resourcesandtools/hr-topics/behavioral-competencies/global-and-cultural-effectiveness/pages/google-ends-age-discrimination-suit-with-11-million-settlement.aspx https://www.shrm.org/resourcesandtools/hr-topics/behavioral-... IBM ended up settling too. https://www.forbes.com/sites/jackkelly/2018/09/18/the-ibm-age-discrimination-lawsuit-will-shed-light-on-this-harrowing-trend/?sh=20563b65ce13 https://www.forbes.com/sites/jackkelly/2018/09/18/the-ibm-ag... And again... https://www.nytimes.com/2022/02/12/business/economy/ibm-age-discrimination.html?unlocked_article_code=sotjVTpm-HicB1yUKLHD7xERQ52bd43RB9OEjzVXHX7U6PIGcLs3jjwJh_JNJnxH2nz0I2V0wAArvu6kf63oAMne9TdGzzZOTelNmWOAyhddLE4vVn99r6ILciOiYbCJT9dDVmHpkwT1pA56jDSu-myoowySW_ln_HpVHas2fsEk0ooUi_r7dJO1OGN8lxc7ZV7zwxhy8u7tcC__FH4D1geAsBmh5cfcD7l5b7nmo_SFhV4jde5Ii5lDchI2wm5P0QAXbQG9dvCEIcHmGnsz5cGJMG2i_U2nhPhXVt0_1ZaTXAU5yalbda5QIZoL8_JKmf1ycmf7d3IOwJRWQWu5WW-iSUIZxja1zA&smid=share-url https://www.nytimes.com/2022/02/12/business/economy/ibm-age-... https://www.theregister.com/2022/10/04/ibm_settles_more_discrimination_claims/ https://www.theregister.com/2022/10/04/ibm_settles_more_disc... > IBM is preparing to settle yet more age discrimination and wage theft complaints against the IT giant, though in one instance where it has already done so, Big Blue is accused of failing to comply with the terms of its settlement agreement. > Back in 2018, IBM was in the headlines, accused of deliberately trying to get rid of older workers and replace them with younger Millennials. Two years later, the US Equal Employment Opportunity Commission (EEOC) concluded [PDF] that IBM's defense of its decisions – that was just a coincidence if its layoffs seemingly primarily targeted the over-40s – "does not withstand scrutiny" and that "there is reasonable cause to believe that [IBM] has discriminated against [employees] on the basis of age."