this post was submitted on 18 Dec 2023
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Mildly Infuriating
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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?
Probably not. It's super expensive to do it properly. Definitely in the millions of dollars range.
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.
Most (maybe all) age discrimination statutes only protect people over 40 so may not apply here depending on the specifics.
I am not a good lawyer