5 ms·
I am not a lawyer, but is this not illegal in the U.S.? Checking The U.S. Equal Employment Opportunity Commission website[1], it says under the "PROHIBITION OF
by qnk 13y ago
I am not a lawyer, but is this not illegal in the U.S.?
Checking The U.S. Equal Employment Opportunity Commission website[1], it says under the "PROHIBITION OF AGE DISCRIMINATION" section:
(e) Printing or publication of notice or advertisement indicating preference, limitation, etc.
[1] http://www.eeoc.gov/laws/statutes/adea.cfm http://www.eeoc.gov/laws/statutes/adea.cfm
- clone1018 13y agoSeems like they're breaking the law to me, but it's not completely black and white. In the odd chance it would happen, wouldn't saying "20+ years of experience required", prevent anyone younger then 20 years from joining the company?
- dlgeek 13y agoActually, in the US, discrimination against younger people isn't illegal - it's only illegal to discriminate the other way 'round.
- clone1018 13y agoOh, did not know. Thanks!
- hkmurakami 13y agoand iirc only applies to 40+ years of age or something along those lines.
- frostmatthew 13y ago40 is correct http://www.eeoc.gov/laws/types/age.cfm http://www.eeoc.gov/laws/types/age.cfm
- frankc 13y agoIt is actually legal to discriminate against young people. It's only illegal to discriminate against people over 40. http://www.eeoc.gov/laws/types/age.cfm http://www.eeoc.gov/laws/types/age.cfm Also, requiring experience is reasonable anyway since its easy to make a case about why it's required to do the work. I'd dying to here what kind of BS hand-waving argument could be constructed for why having too much experience prevents you from doing the work.
- jerrya 13y agoHiring strippers. Must have no more than 30 years experience.
- frostmatthew 13y agoI'm not a lawyer but my guess is requiring years of experience isn't discrimination since it would only help, not hurt, the protected class (older workers).
- nieve 13y agoThe minimum isn't the important part - they're putting a cap on experience at 12 years which will exclude the vast majority of protected workers, basically anyone who didn't switch careers very late.
- frostmatthew 13y agoMy response was to clone1018's comment/question that wouldn't anything saying X+ years of experience qualify as discrimination.
- chetanahuja 13y agoThe act of "discrimination" per se is fine. In fact, when you select one candidate among many, that's exactly what you're doing. Exercising discrimination. It's just required to be the right kind of discrimination -- based on actual qualifications and perceived capabilities to do the job at hand. What you are not allowed do is discriminate based on criteria that are not part of essential qualifications for the job. And I for one can't conceive of one single thing that disqualifies, say, Jeff Dean, from holding that job over a candidate a few years his junior.
- DannyBee 13y agoSee disparate impact It would hurt a large class of older workers more than a class of younger workers.
- rosser 13y agoThey're not putting specific limitations on age, but on experience. I'm pretty sure the latter is as kosher as matzoh.
- el_fuser 13y agoNo... It falls under disparate impact.
- acchow 13y agoIs "no more than 10 years experience" more illegal than "at least 5 years experience"?
- jerrya 13y agoAt least 5 years experience is a requirement that is job related. You need 5 years of experience at X do lead others doing X. No more than 10 years experience seems very much not job related. How does having too much experience hurt a person's ability to do a job?
- TheCoelacanth 13y agoYes, it's only illegal to discriminate against people age 40 or older.
- chetanahuja 13y ago
- KevinEldon 13y agoNah, they can say "the Agile Manifesto was published in 2001, we were just screening out bogus resumes". Of course anyone submitting shitty resumes, who really wanted the job would just tailor their resume to make it appear that they'd been managing agile teams since the day after the manifesto was published. Probably not illegal.
- justinY 13y ago500friends founder/CEO here. It's not that people with 12+ years of experience are not as good. We were trying to screen out candidates (many of them who are smart) but have been "managers" for so long that they can't get their hands dirty and solve issues themselves (something you have to do at a very small team). Don't take my word for it, 26% of people on our team are older than 38. If you're bored, check out some of their bios at 500friends.com/team Admittedly however, this was not clear in our post, and it has since been edited. Thanks!!