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Re: Linux System Engineer (100%) in Zurich



also sprach Russ Allbery <rra@debian.org> [2008.11.27.0152 +0100]:
> For example, I'm fairly sure that job ad is illegal in the
> United States.
[...]
> Were this job advertisement published in the United States and
> someone over the age of forty turned down because of the age
> restriction, they could sue and would probably win, quite possibly
> including punative damages.

In the US, you could probably sue a company for not making you a job
offer in the first place. But that's not the issue here. The issue
is that the age restriction on the job offer is not Debian's issue,
just like providing software in our archive which is illegal in
Germany[0] is not Debian's concern either.

0. http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=277794#11

> I'm not a lawyer, but I have had to take introductory legal
> training in exactly this topic as part of mandated harassment
> training for staff in supervisory positions, and this was
> discussed explicitly, at length, and was a topic of exam
> questions.

I maintain that informing interested parties up front about an age
requirement in a job *offer*/ad is not the same as turning down (or
firing) someone for _no other_ reason than age. I am pretty sure
that neither of those would be acceptable in .ch or the EU either.
But this is the company stating "hey, we have our reasons for why we
want a <35-year-old so we thought you better know up front". It does
not say "if you are >35, we will not even open the door for you".

Anyway, I guess the issue is settled.

-- 
 .''`.   martin f. krafft <madduck@d.o>      Related projects:
: :'  :  proud Debian developer               http://debiansystem.info
`. `'`   http://people.debian.org/~madduck    http://vcs-pkg.org
  `-  Debian - when you have better things to do than fixing systems
 
there's an old proverb that says just about whatever you want it to.

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