Is This Legal? • Hacker News Board

Re: Is This Legal?

#11

Post by smileysteve » Tue, Sep 17, 2019, 8:41 PM UTC

glwtta wrote: post #7

smileysteve wrote: post #6

Interpretation might vary; ~2013 I responded on twitter about "a dev who has 15 years of experience with PHP" with, a response about why I would be concerned that that could mean the developer never learned the PHP 3 (much less 4) object model. And if you tell me you have 15 years working with "any" Graph database, that seems like it would have some irrelevancy to the Graph Databases of today. Of course, it's also po…

The posting seems to be requiring 7-10 years of work experience, not specific to graph databases or any other technology.

But this is where it's subject to interpretation:

-... years of experience, working? Does mowing lawns, serving ice cream in high school count as experience?

-... years experience as a Product Owner?

-... years as a embedded devices software engineer?

-... years as an executive assistant, TA, PostGrad?

Re: Is This Legal?

#12

Post by toper-centage » Tue, Sep 17, 2019, 9:29 PM UTC

gshdg wrote: post #5

Assuming they’re willing to work for the pay you’re offering, I can’t think of any reason other than age discrimination NOT to want that additional experience.

Well, a data scientist that started working 15 years ago will have a very different skill set...

Re: Is This Legal?

#13

Post by mcrae » Tue, Sep 17, 2019, 9:38 PM UTC

I wonder if this is a fake job posting to satisfy a Labor Certification [0] for a US Visa application.

For some types of Visas, the company has to prove that there are no qualified US workers to take the position. One way of proving this is to post a job posting and provide evidence that there are no qualified workers that have applied.

There is of course a perverse incentive to make the job posting extraordinarily specific such that only the intended Visa recipient could be considered qualified.

[0] https://en.wikipedia.org/wiki/Labor_certification

Re: Is This Legal?

#14

Post by lolinder » Tue, Sep 17, 2019, 9:57 PM UTC

toper-centage wrote: post #12

gshdg wrote: post #5

Assuming they’re willing to work for the pay you’re offering, I can’t think of any reason other than age discrimination NOT to want that additional experience.

Well, a data scientist that started working 15 years ago will have a very different skill set...

Not necessarily. Lots of people keep up with changes in their field.

Re: Is This Legal?

#15

Post by JohnFen » Tue, Sep 17, 2019, 11:54 PM UTC

toper-centage wrote: post #12

gshdg wrote: post #5

Assuming they’re willing to work for the pay you’re offering, I can’t think of any reason other than age discrimination NOT to want that additional experience.

Well, a data scientist that started working 15 years ago will have a very different skill set...

Why do some people seem to assume that experienced people don't keep their skillsets current?

Experienced people know better than less experienced people how important that is.

Re: Is This Legal?

#16

Post by ryacko » Tue, Sep 17, 2019, 11:57 PM UTC

OJFord wrote: post #9

It may or may not be intended to discriminate age, but I can't see how to distunguish it from filtering out 'overqualified' candidates from an explicitly tiered position.

Usually salary is used to filter out overqualified candidates.

Oftentimes the salary turns out to be insufficient for any candidate.

Re: Is This Legal?

#17

Post by toomuchtodo » Wed, Sep 18, 2019, 12:30 AM UTC

mcrae wrote: post #13

I wonder if this is a fake job posting to satisfy a Labor Certification [0] for a US Visa application. For some types of Visas, the company has to prove that there are no qualified US workers to take the position. One way of proving this is to post a job posting and provide evidence that there are no qualified workers that have applied. There is of course a perverse incentive to make the job posting extraordinarily s…

Lots of H1B filings for Xoriant: https://h1bdata.info/listlca.php?em=XORIANT%20CORPORATION

Maybe this role? https://h1bdata.info/lca.php?id=7054315&em=XORIANT%20CORPORA... (Data engineer @ $122k/year salary, March 2019 posting date)

Re: Is This Legal?

#18

Post by zootam » Wed, Sep 18, 2019, 1:43 AM UTC

toomuchtodo wrote: post #17

mcrae wrote: post #13

I wonder if this is a fake job posting to satisfy a Labor Certification [0] for a US Visa application. For some types of Visas, the company has to prove that there are no qualified US workers to take the position. One way of proving this is to post a job posting and provide evidence that there are no qualified workers that have applied. There is of course a perverse incentive to make the job posting extraordinarily s…

Lots of H1B filings for Xoriant: https://h1bdata.info/listlca.php?em=XORIANT%20CORPORATION Maybe this role? https://h1bdata.info/lca.php?id=7054315&em=XORIANT%20CORPORA... (Data engineer @ $122k/year salary, March 2019 posting date)

there's no way they'd find someone with 7-10 years of experience for $122k in the bay area

Re: Is This Legal?

#19

Post by gnargargh » Wed, Sep 18, 2019, 2:21 AM UTC

If it's illegal, they still need to encounter someone willing to sue them, no?

Maybe you can report them to some non-profit watchdog, who will follow up? But will they catch a real fine or slap on the wrists?

Re: Is This Legal?

#20

Post by [deleted] » Wed, Sep 18, 2019, 2:33 AM UTC

zootam wrote: post #18

toomuchtodo wrote: post #17

Earlier quoted context omitted.

Lots of H1B filings for Xoriant: https://h1bdata.info/listlca.php?em=XORIANT%20CORPORATION Maybe this role? https://h1bdata.info/lca.php?id=7054315&em=XORIANT%20CORPORA... (Data engineer @ $122k/year salary, March 2019 posting date)

there's no way they'd find someone with 7-10 years of experience for $122k in the bay area

[deleted]