Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread martin f krafft
also sprach W. Martin Borgert [EMAIL PROTECTED] [2008.11.25.2017 +0100]:
 I would very much appreciate, if Debian would not publish job
 offers that discriminate on the grounds of race, ethnic origin,
 disability, age, gender, sexual orientation or religion. Not
 only it is illegal in some countries, I find it highly
 inappropriate for our project. Thanks for your attention.

Wolfgang, please stop this. Putting a maximum age into a job
description is standard practice because a company does not want to
invest time and money into a new employee for various reasons, be
they simple age and thus time left to work for the company,
absorptive capacity, or company culture.

I know it's hip in Debian to point fingers and accuse people of
discriminating, but please let's not lose touch with reality here,
okay?

This form of headless drive for political correctness on all
levels and at all costs will simply decrease overall tolerance
levels further. Calling something discriminatory is the easy way
out. Judging whether it actually is, and dealing with it, is the
hard bit, the one that requires (and builds) character.

http://www.mit.edu/~jcb/tact.html

-- 
 .''`.   martin f. krafft [EMAIL PROTECTED]
: :'  :  proud Debian developer, author, administrator, and user
`. `'`   http://people.debian.org/~madduck - http://debiansystem.info
  `-  Debian - when you have better things to do than fixing systems
 
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 building, you are granted a patent on 'gas tank depressurizing by
 opening a venting pipe.'
-- gyrosgeier on #debian-devel


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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread Jurij Smakov
On Wed, Nov 26, 2008 at 10:11:13AM +0100, martin f krafft wrote:
 also sprach W. Martin Borgert [EMAIL PROTECTED] [2008.11.25.2017 +0100]:
  I would very much appreciate, if Debian would not publish job
  offers that discriminate on the grounds of race, ethnic origin,
  disability, age, gender, sexual orientation or religion. Not
  only it is illegal in some countries, I find it highly
  inappropriate for our project. Thanks for your attention.
 
 Wolfgang, please stop this. Putting a maximum age into a job
 description is standard practice because a company does not want to
 invest time and money into a new employee for various reasons, be
 they simple age and thus time left to work for the company,
 absorptive capacity, or company culture.

Sorry, but I'm with Wolfgang on this one. I'm pretty sure that this 
standard practice is illegal in most of EU countries (judging by 
existence of EU directive 2000/78/EC) and in the US, and I would 
expect similar laws to exist in any country to be considered 
civilized. It's pretty unfortunate that Switzerland does not have any 
law in place preventing age discrimination [0], and I believe that in 
the spirit of Debian we should not provide a forum for posting 
discriminatory job offers. I suggest to have the blurb at 
http://lists.debian.org/debian-jobs/ modified to reflect this.

[0] http://www.agediscrimination.info/international/Pages/Switzerland.aspx

Best regards,
-- 
Jurij Smakov   [EMAIL PROTECTED]
Key: http://www.wooyd.org/pgpkey/  KeyID: C99E03CC


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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread martin f krafft
also sprach Jurij Smakov [EMAIL PROTECTED] [2008.11.26.1039 +0100]:
 Sorry, but I'm with Wolfgang on this one. I'm pretty sure that this 
 standard practice is illegal in most of EU countries (judging by 
 existence of EU directive 2000/78/EC) and in the US, and I would 
 expect similar laws to exist in any country to be considered 
 civilized.

Please get a grip. The directive you quote states

  Member States may provide that differences of treatment on grounds
  of age shall not constitute discrimination, if, within the context
  of national law, they are objectively and reasonably justified by
  a legitimate aim, including legitimate employment policy, labour
  market and vocational training objectives, and if the means of
  achieving that aim are appropriate and necessary.

  Such differences of treatment may include, among others:
  (a) the setting of special conditions on access to employment
  and vocational training, employment and occupation,
  including dismissal and remuneration conditions, for young
  people, older workers and persons with caring responsibili-
  ties in order to promote their vocational integration or
  ensure their protection;
  (b) the fixing of minimum conditions of age, professional
  experience or seniority in service for access to employment
  or to certain advantages linked to employment;
  (c) the fixing of a maximum age for recruitment which is
  based on the training requirements of the post in question
  or the need for a reasonable period of employment before
  retirement.

If there were a country that required me to hire people
independently of age, I'd surely take my business elsewhere. You may
be 70 and capable to do a job which required me to invest 2 years
into you, but the chance of you waking up dead is far higher than of
a 30-year-old. Plain fact, no discrimination. This is the business
world, where concepts like return-of-investment are paramount, and
the RoI of a 70-year-old, as good as s/he may be, is just nowhere
near that of a younger applicant.

Note how the job description doesn't say we don't want old farts
or discriminated in any way. In fact, it nicely informs you about
the requirement the company has, instead of e.g. looking at
someone's application and turning him/her down for a fake reason to
cover up the age.

Discrimination is a trendy word which bites, because it's been
hammered upon us by the media and politicians to the point of no
return, has completely lost its meaning, and has managed to cause
serious damage to such things as tolerance and sensible judgement.
Please don't succomb to this trend. It blurs your vision and
prevents you from identifying and properly reacting to real
instances of discrimination.

 It's pretty unfortunate that Switzerland does not have any law in
 place preventing age discrimination.

It's pretty fortunate that Switzerland doesn't blindly follow
everything the EU does.

-- 
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: :'  :  proud Debian developer, author, administrator, and user
`. `'`   http://people.debian.org/~madduck - http://debiansystem.info
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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread cobaco
On Wednesday 2008-11-26, martin f krafft wrote:
 also sprach W. Martin Borgert [EMAIL PROTECTED] [2008.11.25.2017 
+0100]:
  I would very much appreciate, if Debian would not publish job
  offers that discriminate on the grounds of race, ethnic origin,
  disability, age, gender, sexual orientation or religion. Not
  only it is illegal in some countries, I find it highly
  inappropriate for our project. Thanks for your attention.

 Wolfgang, please stop this. Putting a maximum age into a job
 description is standard practice because a company does not want to
 invest time and money into a new employee for various reasons, be
 they simple age and thus time left to work for the company,
 absorptive capacity, or company culture.

as to the invested time thing:
1) who's to say that the 35 year old won't leave in a year or two years
   time?
2) standard pension age is 65, working for the same company for 30+ years is
   now unusual
- if you want a garantee of time worked for time/money invested put it in
   the contract (military does it around here for engineers they put through
   college)

As to company culture:
not everybody is typical of their age group, so judging 'fitting the company 
culture' purely by age is gonna lead to problems on both sides of the age 
line.
How about instead describing your company culture and adding a requirement 
that applicants fit in.
   
not sure what you mean by 'absorvative capacity'

 I know it's hip in Debian to point fingers and accuse people of
 discriminating, but please let's not lose touch with reality here,
 okay?

sigh: 
a particular act of discrimination might very well be defensible or even 
desirable, but that doesn't make the act any less discriminatory.

 This form of headless drive for political correctness on all
 levels and at all costs will simply decrease overall tolerance
 levels further. Calling something discriminatory is the easy way
 out. 

In this case it's just calling a spade a spade. Of course it's just stating 
a fact and by itself that's not enought to get to a sensible conclusion.

 Judging whether it actually is, and dealing with it, is the
 hard bit, the one that requires (and builds) character.

the necessary judging isn't about it being discriminatory or not, but about 
wether particular act (disriminatory or not) is a good/acceptable thing.
-- 
Cheers, Cobaco (aka Bart Cornelis)


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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread Ben Finney
Holger Levsen [EMAIL PROTECTED] writes:

 I support Jurjs proposal of adding a Please no discriminatory job
 offers or such to http://lists.debian.org/debian-jobs/

I do not.

Any employer selecting employees to hire is, by definition,
discriminating based on particular criteria. If nothing else, they are
(we hope!) discriminating based on demonstrated ability to perform the
job functions. So we can't simply request job adverts avoid
“discriminatory job offers”.

What seems to be the issue is that some people find the particular
stated discriminatory *criteria* to be objectionable ones. So
presumably you would want such a request to say something like
“Please no job offers that discriminate based on objectionable
criteria”.

Hopefully when I present it like that the problem becomes apparent:
who is going to define “objectionable criteria” for job offers, and
what authority do they have for that definition?

-- 
 \  “If sharing a thing in no way diminishes it, it is not rightly |
  `\  owned if it is not shared.” —Saint Augustine |
_o__)  |
Ben Finney


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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread Rafal Czlonka
 Any employer selecting employees to hire is, by definition,
 discriminating based on particular criteria. If nothing else, they are
 (we hope!) discriminating based on demonstrated ability to perform the
 job functions. So we can't simply request job adverts avoid
 discriminatory job offers.

Abilities, knowledge, experience, etc. can be acquired; age cannot.


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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread Charles Plessy
Le Wed, Nov 26, 2008 at 10:55:09PM +1100, Ben Finney a écrit :
 
 What seems to be the issue is that some people find the particular
 stated discriminatory *criteria* to be objectionable ones. So
 presumably you would want such a request to say something like
 “Please no job offers that discriminate based on objectionable
 criteria”.

Hi all,

I would rather propose:

Please post only job offers that discriminate people who send too many
messages to too many mailing lists. Then there would be a direct benefit for
Debian.

Have a nice day,

-- 
Charles Plessy
Tsurumi, Kanagawa, Japan


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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread Andreas Tille

On Wed, 26 Nov 2008, Charles Plessy wrote:


Please post only job offers that discriminate people who send too many
messages to too many mailing lists. Then there would be a direct benefit for
Debian.


 ;-)

Come on Charles - it's obviousely flaming season.  We had nearly one year 
without
heavy flames.  But people seem to enjoy this these days and it's winter time at
Northern hemisphere where many participiants in these flames are sitting.  But 
why
not using debian-curiosa for this hobby?

Kind regards

Andreas.

--
http://fam-tille.de


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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread Noah Meyerhans
On Tue, Nov 25, 2008 at 08:17:22PM +0100, W. Martin Borgert wrote:
  Requirements:
 ...
 * Younger than 35 years
 
 I would very much appreciate, if Debian would not publish job
 offers that discriminate on the grounds of race, ethnic origin,
 disability, age, gender, sexual orientation or religion. Not
 only it is illegal in some countries, I find it highly
 inappropriate for our project. Thanks for your attention.

Everything is illegal in some countries, so that can't be an argument
for keeping this sort of thing off our job boards.  And while this sort
of discrimination is highly distasteful, I don't believe we're going to
come up with criteria acceptable to the entire project for screening
these posts.  The various opionions seen already in this thread support
that.

Personally, I can't see how any company that would turn away a more
qualified candidate in favor of one less qualified based solely on
something like age has much hope of lasting very long.  Nor would I be
sorry to see it go.

noah



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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread Don Armstrong
First off, can we please refrain from uselessly crossposting? This
isn't a job offer, so it doesn't belong on -jobs. I'm not even
convinced that it belongs on -project, but I'll respond here once
since it's at least marginally related to the project. In the future,
if you have a concern about the management of the Debian mailing
lists, [EMAIL PROTECTED] is the right place to contact.

On Tue, 25 Nov 2008, W. Martin Borgert wrote:
 I would very much appreciate, if Debian would not publish job offers
 that discriminate on the grounds of race, ethnic origin, disability,
 age, gender, sexual orientation or religion. Not only it is illegal
 in some countries, I find it highly inappropriate for our project.

If moderation was occuring before mailing list distribution, this
would be a requeest to consider. As there isn't, there's not much to
discuss. Please consider contacting privately those who post jobs
whose requirements you find objectionable and educating them with
regards to their local laws and/or your views of acceptable
organizational behavior instead.

Debian itself isn't publishing these offers, nor should you construe
any posting on any mailing list as an approval (or disapproval) of any
thought or ideal by the Debian project itself. Please feel free to
unsubscribe from mailing lists if this is problematic.


Don Armstrong
(for himself)
-- 
Who is thinking this?
I am.
 -- Greg Egan _Diaspora_ p38

http://www.donarmstrong.com  http://rzlab.ucr.edu


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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread Holger Levsen
Hi,

On Wednesday 26 November 2008 10:11, martin f krafft wrote:
 Putting a maximum age into a job
 description is standard practice because a company does not want to
 invest time and money into a new employee for various reasons, be
 they simple age and thus time left to work for the company,
 absorptive capacity, or company culture.

So what? The same can be said (for example) for hiring only females for 
certain jobs (nicer telephone voice, more appealing to (male) customers, 
whatever crap).

That's also (somewhat) standard practice in Germany, while being illegal.

I support Jurjs proposal of adding a Please no discriminatory job offers or 
such to http://lists.debian.org/debian-jobs/

And I also suggest not to freak out about every bit of discrimination, esp. as 
this project is foremost about creating a free universal operating system...


regards,
Holger


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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread Ben Finney
Rafal Czlonka [EMAIL PROTECTED] writes:

  Any employer selecting employees to hire is, by definition,
  discriminating based on particular criteria. If nothing else, they are
  (we hope!) discriminating based on demonstrated ability to perform the
  job functions. So we can't simply request job adverts avoid
  discriminatory job offers.
 
 Abilities, knowledge, experience, etc. can be acquired;

Right. But just because an employer discriminates on the basis of any
of these criteria doesn't stop it being discrimination. I repeat,
employers *must* discriminate, usually based on some attributes of the
employee.

 age cannot.

Indeed. So you've found at least one criterion that you would prefer
to be absent from those used to discriminate.

What I'm pointing out is that “discrimination” cannot be expected to
not occur, because it's entirely essential to the process. Clearly
what is being objected to is *not* the act of discrimination, but what
particular *criteria* are used for discrimination.

If you want to prevent *unfair* discrimination, you must first agree
what specifically constitutes fair or unfair criteria; if you want to
prevent *objectionable* criteria, you must first agree which specific
criteria are objectionable.

Good luck with that.

-- 
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  `\   porch light on all day. When I got home the front door wouldn't |
_o__)open.” —Steven Wright |
Ben Finney


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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread Noah Slater
On Wed, Nov 26, 2008 at 12:01:54PM +, Rafal Czlonka wrote:
  Any employer selecting employees to hire is, by definition,
  discriminating based on particular criteria. If nothing else, they are
  (we hope!) discriminating based on demonstrated ability to perform the
  job functions. So we can't simply request job adverts avoid
  discriminatory job offers.

 Abilities, knowledge, experience, etc. can be acquired; age cannot.

This seems like a fairly arbitrary and incomplete definition of what would
constitute non-objectionable discriminatory criteria.

If I was wanting to hire a telephone operative, the ability to speak would be
essential. The ability to see would be essential for driving and the ability to
walk might be essential for some other jobs.

If I wanted to hire a male model, the ability to be male would be essential!

-- 
Noah Slater, http://tumbolia.org/nslater


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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread Rich Kulawiec
On Tue, Nov 25, 2008 at 08:17:22PM +0100, W. Martin Borgert wrote:
 I would very much appreciate, if Debian would not publish job
 offers that discriminate on the grounds of race, ethnic origin,
 disability, age, gender, sexual orientation or religion. Not
 only it is illegal in some countries, I find it highly
 inappropriate for our project. Thanks for your attention.

I strongly concur. This is blatant age discrimination.  I don't know
Swiss/EU law, and I'm not an attorney, so I can't comment on whether it's
legal there.  But it's obviously unethical, and completely unacceptable.

---Rsk


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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread Ben Finney
martin f krafft [EMAIL PROTECTED] writes:

 You may be 70 and capable to do a job which required me to invest 2
 years into you, but the chance of you waking up dead is far higher
 than of a 30-year-old. Plain fact, no discrimination.

More accurately: it *is* discrimination (because people are being
selected based on some criterion), but what is at issue is whether it
is *unfair* discrimination.

 Discrimination is a trendy word which bites, because it's been
 hammered upon us by the media and politicians to the point of no
 return, has completely lost its meaning, and has managed to cause
 serious damage to such things as tolerance and sensible judgement.

Indeed; discrimination is essential to getting anything done at all.
The trick is to avoid unfair discrimination.

 Please don't succomb to this trend. It blurs your vision and
 prevents you from identifying and properly reacting to real
 instances of discrimination.

Using the correct phrase “unfair discrimination” helps communicate
more directly what is at issue.

-- 
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  `\since you must bear the tedious stupidities of so many |
_o__) scrawlers.” —anonymous graffiti, Pompeii, 79 |
Ben Finney


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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread Josselin Mouette
Le mercredi 26 novembre 2008 à 09:39 +, Jurij Smakov a écrit :
 Sorry, but I'm with Wolfgang on this one. I'm pretty sure that this 
 standard practice is illegal in most of EU countries (judging by 
 existence of EU directive 2000/78/EC)

Bullshit. Most jobs in public administrations have a legal age limit,
and that’s not violating EU directives.

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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread Thijs Kinkhorst
On Wed, November 26, 2008 11:12, martin f krafft wrote:
 You may be 70 and capable to do a job which required me to invest 2 years
 into you,

I'd be with you if the ad required a maximum age that was actually
somewhere close to the pension age. Your example does not compare with the
arbitrary age limit of 35 years that was mentioned. I know a few Linux
System Engineers of above 35 years old, and they would all function fine
for the many decades until they reach EOL.

 but the chance of you waking up dead is far higher than of a 30-year-old.

The chance of getting pregnant is remarkably higher for women than for
men, and the associated leave is often costly for an employer. Do you
think it's fair to preclude females in an ad?


Thijs


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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread Michael Poole
martin f krafft writes:

 also sprach W. Martin Borgert [EMAIL PROTECTED] [2008.11.25.2017 +0100]:
 I would very much appreciate, if Debian would not publish job
 offers that discriminate on the grounds of race, ethnic origin,
 disability, age, gender, sexual orientation or religion. Not
 only it is illegal in some countries, I find it highly
 inappropriate for our project. Thanks for your attention.

 Wolfgang, please stop this. Putting a maximum age into a job
 description is standard practice because a company does not want to
 invest time and money into a new employee for various reasons, be
 they simple age and thus time left to work for the company,
 absorptive capacity, or company culture.

It may be standard practice in some places, and legal under the
applicable laws in this case.  However, Wolfgang is right.  This kind
of age limit has been illegal in the United States for 40 years.
Wikipedia has a summary at
http://en.wikipedia.org/wiki/Age_Discrimination_in_Employment_Act .

I am rather surprised that the majority reaction to this is so
different from the majority reaction to a poorly executed satire --
something which was also claimed to be discriminatory.

Michael Poole


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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread Cyril Brulebois
Jurij Smakov [EMAIL PROTECTED] (26/11/2008):
 It's pretty unfortunate that Switzerland does not have any law in
 place preventing age discrimination [0], and I believe that in the
 spirit of Debian we should not provide a forum for posting
 discriminatory job offers. I suggest to have the blurb at
 http://lists.debian.org/debian-jobs/ modified to reflect this.

You're being discriminatory towards Switzerland and pointing
fingers!!!1oneoneleven¡¡¡ That is not acceptable behaviour!

Mraw,
KiBi.


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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread martin f krafft
also sprach Andreas Tille [EMAIL PROTECTED] [2008.11.26.1323 +0100]:
 Come on Charles - it's obviousely flaming season.  We had nearly one year 
 without
 heavy flames.  But people seem to enjoy this these days and it's winter time 
 at
 Northern hemisphere where many participiants in these flames are sitting.  
 But why
 not using debian-curiosa for this hobby?

Please take your discriminatory prejudice elsewhere. I don't enjoy
this. And I am not sitting.

-- 
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: :'  :  proud Debian developer, author, administrator, and user
`. `'`   http://people.debian.org/~madduck - http://debiansystem.info
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tempt not a desperate man.
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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread Sven Joachim
On 2008-11-26 11:12 +0100, martin f krafft wrote:

 If there were a country that required me to hire people
 independently of age, I'd surely take my business elsewhere. You may
 be 70 and capable to do a job which required me to invest 2 years
 into you, but the chance of you waking up dead is far higher than of
 a 30-year-old. Plain fact, no discrimination. This is the business
 world, where concepts like return-of-investment are paramount, and
 the RoI of a 70-year-old, as good as s/he may be, is just nowhere
 near that of a younger applicant.

Just a little nitpicking, Martin: you got the age numbers wrong,
s/70/35/g corrects that.

Sven


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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread Noah Slater
On Wed, Nov 26, 2008 at 10:48:27PM +1100, Ben Finney wrote:
 More accurately: it *is* discrimination (because people are being selected
 based on some criterion), but what is at issue is whether it is *unfair*
 discrimination.

Well said.

Next on our list of politically correct items to complain about should be all
this blatant and unethical competency discrimination.

Totally unacceptable. Don't discriminate folks, hire everyone!

-- 
Noah Slater, http://tumbolia.org/nslater


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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread Martin Michlmayr
* Don Armstrong [EMAIL PROTECTED] [2008-11-26 04:45]:
 If moderation was occuring before mailing list distribution, this
 would be a requeest to consider. As there isn't, there's not much to
 discuss.

Actually, debian-jobs is moderated.  I'm the acting moderator.
-- 
Martin Michlmayr
http://www.cyrius.com/


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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread Michelle Konzack
Am 2008-11-25 20:17:22, schrieb W. Martin Borgert:
 I would very much appreciate, if Debian would not publish job
 offers that discriminate on the grounds of race, ethnic origin,
 disability, age, gender, sexual orientation or religion. Not
 only it is illegal in some countries, I find it highly
 inappropriate for our project. Thanks for your attention.

And if this is a young enterprise wher the founder/owner  are  young  as
23-25  years...  I  know  several  enterprises  created  by   university
absolvents and the  demands  to  be  younger  then  35 years  is  NOT  a
discrimination...

Note:  I employ only women (IT and Electronic)

Thanks, Greetings and nice Day/Evening
Michelle Konzack
Systemadministrator
24V Electronic Engineer
Tamay Dogan Network
Debian GNU/Linux Consultant


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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread Daniel Dickinson
On Wed, 26 Nov 2008 23:53:43 +1100
Ben Finney [EMAIL PROTECTED] wrote:

 Michael Poole [EMAIL PROTECTED] writes:
 
  I am rather surprised that the majority reaction to this is so
  different from the majority reaction to a poorly executed satire --
  something which was also claimed to be discriminatory.
 
 Actually, I agree that most of W. Martin Borgert's list of criteria
 (“race, ethnic origin, disability, age, gender, sexual orientation or
 religion”) are objectionable for job offers using Debian's resources.

Which by the way are also guaranteed in the Charter of Rights of
Freedoms of Canada (which is the preamble to the constituation
(actually I believe it's the Constitution Act or some such, but I
digress)).

I was in fact surprised to learn that there are people who find age
discrimination acceptable.  As someone pointed out, leaving a company
in two years is just as likely (maybe more likely) for a young
candidate so the argument of ROI is crap.  It's unfair and unethical
discrimination.  You might not think so right now because you are
young, but when you're older your opinion will likely be different.

Regards,

Daniel

-- 
And that's my crabbing done for the day.  Got it out of the way early, 
now I have the rest of the afternoon to sniff fragrant tea-roses or 
strangle cute bunnies or something.   -- Michael Devore
GnuPG Key Fingerprint 86 F5 81 A5 D4 2E 1F 1C  http://gnupg.org
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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread Gunnar Wolf
martin f krafft dijo [Wed, Nov 26, 2008 at 10:11:13AM +0100]:
 Wolfgang, please stop this. Putting a maximum age into a job
 description is standard practice because a company does not want to
 invest time and money into a new employee for various reasons, be
 they simple age and thus time left to work for the company,
 absorptive capacity, or company culture.

Huh?

Absorptive capacity is individual-related. Some people will absorb
less at 25 than others at 45. Company culture is some kind of cultural
discrimination, although it could be the only valid point in your
mail. Now, time left to work for the company? In my country, _very_
few people retire before 50, and I believe that to be the case
elsewhere. So, is a company turning people down because they might not
be interested in working... over 15 years as a sysadmin? Please...

 This form of headless drive for political correctness on all
 levels and at all costs will simply decrease overall tolerance
 levels further. Calling something discriminatory is the easy way
 out. Judging whether it actually is, and dealing with it, is the
 hard bit, the one that requires (and builds) character.

In my book, political correctness is bullshit, and I tend to call
things by their name. Probably if I lived in the US I'd have my ass
over-sued. And no, it's not Debian's flaw or problem - but Wolfgang's
complaint is IMHO very well in place. It will reach the clueless HR
recruiter, and -as he posted to -jobs- probably other HR people
pondering on writing to Debian.

Now, your and my rant are well enough in -project, so I dropped -jobs
from the Cc: :)

Greetings,

-- 
Gunnar Wolf - [EMAIL PROTECTED] - (+52-55)5623-0154 / 1451-2244
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Debian's job is not to help people who think the world is unfair (was: Linux System Engineer (100%) in Zurich)

2008-11-26 Thread martin f krafft
also sprach Gunnar Wolf [EMAIL PROTECTED] [2008.11.26.1807 +0100]:
 And no, it's not Debian's flaw or problem - but Wolfgang's
 complaint is IMHO very well in place. It will reach the clueless
 HR recruiter, and -as he posted to -jobs- probably other HR people
 pondering on writing to Debian.

This is precisely my problem, it comes across as a statement from
Debian, when in fact it is the voice of a few people (who seem to
have little idea about HR and running a business). This is why
I replied on -jobs, because Debian does *not* have any policy
preventing or allowing job offers with age restrictions.

If you don't like the job offer, don't apply. If you want that job
but you are too old, convince them and go to court if you feel like
they are acting unlawfully.

But please refrain from calling it unfair (it's a bloody *offer*)
and expecting the project to do something about it.

-- 
 .''`.   martin f. krafft [EMAIL PROTECTED]
: :'  :  proud Debian developer, author, administrator, and user
`. `'`   http://people.debian.org/~madduck - http://debiansystem.info
  `-  Debian - when you have better things to do than fixing systems
 
in the figure of the president, george w. bush, the incompetence,
 stupidity, and sheer inhumanity that characterize so much of
 america's money-mad corporate elite find their quintessentially
 repulsive expression.
 -- journalist, aftermath of katrina


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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread Florian Weimer
* W. Martin Borgert:

 Quoting Andre Timmermann [EMAIL PROTECTED]:
 We are searching for a system engineer in in Zurich,
 Switzerland.
 ...
 Requirements:
 ...
* Younger than 35 years

 I would very much appreciate, if Debian would not publish job
 offers that discriminate on the grounds of race, ethnic origin,
 disability, age, gender, sexual orientation or religion. Not
 only it is illegal in some countries, I find it highly
 inappropriate for our project.

I think it's a bit offensive, too.  A more agreeable way to put it is
Entry level to 2 years experience (from another job ad).


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Re: Debian's job is not to help people who think the world is unfair (was: Linux System Engineer (100%) in Zurich)

2008-11-26 Thread Jurij Smakov
On Wed, Nov 26, 2008 at 06:17:45PM +0100, martin f krafft wrote:
 also sprach Gunnar Wolf [EMAIL PROTECTED] [2008.11.26.1807 +0100]:
  And no, it's not Debian's flaw or problem - but Wolfgang's
  complaint is IMHO very well in place. It will reach the clueless
  HR recruiter, and -as he posted to -jobs- probably other HR people
  pondering on writing to Debian.
 
 This is precisely my problem, it comes across as a statement from
 Debian, when in fact it is the voice of a few people (who seem to
 have little idea about HR and running a business). This is why
 I replied on -jobs, because Debian does *not* have any policy
 preventing or allowing job offers with age restrictions.

You are correct, we don't have such a policy in place. However, one of
our foundation documents (which I'm reasonably proud of) claims that 
we will not accept any software with license which discriminates 
against any person or group of persons into the distribution. Yes, 
it's a stretch, because we can be fairly sure that people (as opposed 
to firmware :-) are not software, and they don't have a license. I, 
however, have a difficulty understanding the mindset of people who 
can, at the same time, stand behind these principles, and be 
comfortable with what looks to me as a clear-cut example of unfair 
age discrimination (thanks to Ben for suggesting the correct wording).
 
 If you don't like the job offer, don't apply. If you want that job
 but you are too old, convince them and go to court if you feel like
 they are acting unlawfully.

 But please refrain from calling it unfair (it's a bloody *offer*)
 and expecting the project to do something about it.

I don't see why the project shouldn't feel empowered to do something 
about it. It was not my intention, however, to start a flame war, and 
I'm not going to pursue the idea of modifying posting guidelines for 
debian-jobs, given quite unexpected fierce resistance. I already got 
my fair share of entertainment out of this thread and not going to 
contribute to it further.

Best regards,
-- 
Jurij Smakov   [EMAIL PROTECTED]
Key: http://www.wooyd.org/pgpkey/  KeyID: C99E03CC


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Debian's job is not to help people at the World's Fair

2008-11-26 Thread Steve Langasek
On Wed, Nov 26, 2008 at 08:54:40PM +, Jurij Smakov wrote:

  This is precisely my problem, it comes across as a statement from
  Debian, when in fact it is the voice of a few people (who seem to
  have little idea about HR and running a business). This is why
  I replied on -jobs, because Debian does *not* have any policy
  preventing or allowing job offers with age restrictions.

 You are correct, we don't have such a policy in place. However, one of
 our foundation documents (which I'm reasonably proud of) claims that 
 we will not accept any software with license which discriminates 
 against any person or group of persons into the distribution. Yes, 
 it's a stretch, because we can be fairly sure that people (as opposed 
 to firmware :-) are not software, and they don't have a license. I, 
 however, have a difficulty understanding the mindset of people who 
 can, at the same time, stand behind these principles, and be 
 comfortable with what looks to me as a clear-cut example of unfair 
 age discrimination (thanks to Ben for suggesting the correct wording).

I don't condone age discrimination in hiring practices, but I also object to
all instances of the fallacy the DFSG says we don't accept software
licenses that discriminate, therefore it's also wrong to discriminate
against $foo.

First, the only requirement for Debian developers is that you agree to
uphold the principles of the DFSG/SC *in your work in Debian*.  There is no
requirement that you internalize these principles as your personal
philosophy, even in terms of the right way to develop a free OS.  I don't
doubt that among our thousand-plus developers, we would find at least some
who wouldn't mind it if Debian included software whose license discriminated
against particular persons or groups... as long as the persons or groups
discriminated against are ones that *they* don't like.

Second, even if you accept that the DFSG is the right way to go about
licensing an OS, you may believe this for entirely pragmatic reasons: e.g.,
you believe being inclusive and neutral wrt your userbase increases the
market for the OS and the pool of developers and therefore makes Debian
better, even if it means you have to tolerate people using your software
whom you would prefer to ostracize from the planet (or, even if it means you
can't accept software into Debian with such intolerant licensing); or you
believe that not allowing discriminatory licenses saves us from a certain
class of needless flamewars.

Finally, what the DFSG says is that the license must not discriminate
against *any* person or group of persons - the scope of this is much greater
than must not discriminate against any groups which are protected classes
under US law, or the like; it says /no/ discrimination is allowed, and
that's simply not analogous to how any person conducts themselves in their
life at large.  Debian itself discriminates against people who won't agree
to the SC by denying them DD status; I discrminate against Republicans and
others who betray the founding principles of the United States for personal
profit; we all discriminate against companies that give bad service by
trying to avoid giving them our repeat business; and so on.  Analogies
between the DFSG's no discrimination clause and discrimination in our
personal or professional lives fall down, because we're just not talking
about the same kind of discrimination.

So let's please discuss (or not) age discrimination in its own right, and
not turn this into our priorities are old users and free software for
babies.

-- 
Steve Langasek   Give me a lever long enough and a Free OS
Debian Developer   to set it on, and I can move the world.
Ubuntu Developerhttp://www.debian.org/
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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread Russ Allbery
martin f krafft [EMAIL PROTECTED] writes:

 Wolfgang, please stop this. Putting a maximum age into a job description
 is standard practice because a company does not want to invest time and
 money into a new employee for various reasons, be they simple age and
 thus time left to work for the company, absorptive capacity, or company
 culture.

Different people in different countries probably have different reactions
to this.  For example, I'm fairly sure that job ad is illegal in the
United States.

Discriminating in employment on account of age against someone over the
age of 40 is flat-out illegal here unless there are bona fide
occupational qualifications reasonably necessary to the normal operation
of the particular business or unless the age limit is above 65 (or 60 for
aircraft pilots).  The reason you cite is explicitly (in case law) not a
bona fide occupational qualification; the bar for that is relatively high
and limited to such things as an actor for a young part in a movie or
public safety reasons related to age.  Were this job advertisement
published in the United States and someone over the age of forty turned
down because of the age restriction, they could sue and would probably
win, quite possibly including punative damages.

I'm not a lawyer, but I have had to take introductory legal training in
exactly this topic as part of mandated harassment training for staff in
supervisory positions, and this was discussed explicitly, at length, and
was a topic of exam questions.

-- 
Russ Allbery ([EMAIL PROTECTED])   http://www.eyrie.org/~eagle/


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Re: Linux System Engineer (100%) in Zurich

2008-11-26 Thread martin f krafft
also sprach Russ Allbery [EMAIL PROTECTED] [2008.11.27.0152 +0100]:
 For example, I'm fairly sure that job ad is illegal in the
 United States.
[...]
 Were this job advertisement published in the United States and
 someone over the age of forty turned down because of the age
 restriction, they could sue and would probably win, quite possibly
 including punative damages.

In the US, you could probably sue a company for not making you a job
offer in the first place. But that's not the issue here. The issue
is that the age restriction on the job offer is not Debian's issue,
just like providing software in our archive which is illegal in
Germany[0] is not Debian's concern either.

0. http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=277794#11

 I'm not a lawyer, but I have had to take introductory legal
 training in exactly this topic as part of mandated harassment
 training for staff in supervisory positions, and this was
 discussed explicitly, at length, and was a topic of exam
 questions.

I maintain that informing interested parties up front about an age
requirement in a job *offer*/ad is not the same as turning down (or
firing) someone for _no other_ reason than age. I am pretty sure
that neither of those would be acceptable in .ch or the EU either.
But this is the company stating hey, we have our reasons for why we
want a 35-year-old so we thought you better know up front. It does
not say if you are 35, we will not even open the door for you.

Anyway, I guess the issue is settled.

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