Earlier quoted context omitted.
I am in no way saying that taking care of a baby is leisure time, or anything of the sort. I'm just saying from the perspective of an employer evaluating two candidates, if all other things are equal, and one took a year off and one didn't, and the employer chooses the candidate who was at work continuously, they weren't specifically discriminating against "parental leave".From that point of view, the reason doesn't…
>I'm just saying from the perspective of an employer evaluating two candidates, if all other things are equal, and one took a year off and one didn't, and the employer chooses the candidate who was at work continuously, they weren't specifically discriminating against "parental leave". Gender aside, this is still discrimination based on a persons “experience”, as you call it, or very simply: their employment status.…
I'm not a lawyer, but that doesn't sound right to me.
Consider four people who graduated at the same age, then took different paths:
* Experienced Eric worked for the same company for 11 years, is still there, and is considering a new job.
* Younger Yenina worked for the same company for 10 years, is still there, and is considering a new job.
* Late Larry searched for a job for 1 year, worked for the same company for 10 years, is still there, and is considering a new job.
* Unemployed Ursula worked for the same company for 10 years, got laid off, and has been looking for 1 year.
The law you quoted appears to say it's illegal to discriminate against Unemployed Ursula for being currently unemployed, so she should have the same shot as Younger Yenina and Late Larry. It doesn't say her year of unemployment must be considered equal to Experience Eric's extra year of work.
(There are also age discrimination laws that say you can't prefer Younger Yenina simply for being younger, gender discrimination laws that say you can't prefer Late Larry simply for being male, etc.)