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Re:Data scientists shouldn't use Upwork by ergothus on Thursday July 11, 2019 @12:20PM (#20412809)
Excellent point!

Isn't age a protected class though? At least in the US, discrimination over 40 is covered by the EEOC.

Re:Data scientists shouldn't use Upwork by gumby on Thursday July 11, 2019 @12:47PM (#20413082)
They are protected against certain kinds of discrimination, but no human discriminated against them. It was simply a dispassionate algorithm and an algorithm can't display malice!

Grrr... or that's what they, and probably the courts, would say.

The OP calling it "discrimination laundering" had it right.

Re:Data scientists shouldn't use Upwork by lmkg on Thursday July 11, 2019 @02:26PM (#20414050)
> probably the courts, would say

The courts are the ones that created the doctrine of "disparate impact." A criterion can be discriminatory even if it doesn't look discriminatory on its face. And, importantly, it does not require intent to discriminate, only impact.

Re:Data scientists shouldn't use Upwork by pkaye on Thursday July 11, 2019 @01:57PM (#20413769)
I don't think you can use "no human discriminated against them" as a defense. It could still be constructive discrimination.
Re:Data scientists shouldn't use Upwork by roflc0ptic on Thursday July 11, 2019 @12:35PM (#20412966)
I'm hazy on the details, but it's not a protected class in the same way that e.g. race is. In alleging racial discrimination (in certain legal venues), statistical evidence of racial discrimination is admissible, however statistical evidence of age discrimination is not. E.g. if there are layoffs, and every grey head disappears, that's not grounds to allege discrimination. You'd have to have someone on record saying "we're firing all of the old fucks because they remind me of the inescapability of my own mortality" to litigate.

Someone with a better grasp on the particulars here please chime in :)