Your example of the profile picture misses the larger issue - this data is not perfect and people have natural biases in their judgement. Does the situation change if the employer based her discrimination claim on stated relationship status or sexual orientation (illegally, yes)? What if that status is based not on overt information, but on your friends and relationship status?
This kind of discrimination is difficult to prove. If I'm hiring and have a large enough labor pool (say, retail in an area with high unemployment), I can apply this to each resume that comes in, never responding to those who didn't pass the test.
Anyway, using Facebook as the lead and straw man is flamebaid but, hey, it reached the top of HN.
This kind of discrimination is difficult to prove. If I'm hiring and have a large enough labor pool (say, retail in an area with high unemployment), I can apply this to each resume that comes in, never responding to those who didn't pass the test.
Anyway, using Facebook as the lead and straw man is flamebaid but, hey, it reached the top of HN.