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by anonymouskimmer 1103 days ago
> HR throws out everyone without a degree; if they are desperate they hold onto the certificates in another pile. Not a choice, no say, it happens, unilaterally just about everywhere.

What we need is a class-action lawsuit, with discovery. Throwing out certifications should be a blatant violation of Griggs v. Duke Power. And anyone downgraded in salary should get equity increases along with however many years of back pay.

1 comments

I don't think that would work.

The question goes to, how do you prove or meet any kind of burden of proof needed for discovery, where they've done it when you aren't even an employee. No lawyer will take that job just on your say so unless you are bankrolling it.

There is simply no way for you as a candidate to know short of you being in or near the room where it happens when it happens. Certificates or education level are also not a protected class. Discrimination based off race would be a blatant violation, but certificates vs degrees; I'm not so sure (and I'm not a lawyer).

> The question goes to, how do you prove or meet any kind of burden of proof needed for discovery

You need a whistleblower from HR, or a person who used to work in an HR department.

I think the big problem is that this would bite all companies in the butt, including law companies. They are disincentivized to even try going after this.

> Certificates or education level are also not a protected class.

Degrees and certificates are disproportionately distributed among protected classes. And the Griggs ruling is more general than protected class in general.

I, too, am not a lawyer.