Articles Posted in age discrimination

In what is considered a major shift in policy that could go a long way toward discouraging gender discrimination and sexual harassment in scientific fields, the National Academy of Sciences – for the first time – has said it will eject members for violations of its code of conduct – which includes both sexual assault and sexual harassment.gender discrimination

Riverside sexual harassment attorneys see this as a potentially pivotal shift, as the agency welcomes some of the world’s most prominent scientists. When they are elected to positions, it is for life, and the current stance is that they can only be asked to leave, but there is no authority that can force them to depart.

This new policy will change that. Combined with another announcement from the influential leader of the U.S. National Institutes of Health that he will no longer speak on scientific panels that do not include women, this could go a long way toward ending sexism and unchecked sexual harassment within the scientific community, which has a long history of being traditionally male. Continue reading

Age discrimination claims are among the most prevalent in the workforce. Yet the amount of money awarded to plaintiffs in these claims is, on the whole, less than one can expect for those involving religious or gender discrimination cases.age discrimination

The effect as noted by age discrimination lawyers and elder advocacy experts is that not only are individuals deprived of justice, but these claims fail to serve as the deterrent the way lawmakers intended.

What Makes Workplace Age Discrimination Different?

A few different factors at play here: Continue reading

Although age discrimination is known to be extremely prevalent in California and throughout the country, it’s one of the harder cases to prove in employment litigation. It is one of the only protected classes listed under federal Title VII discrimination that doesn’t require the official EEOC sign-of to sue. (Claims can also be filed under the Age Discrimination in Employment Act.)age discrimination
What really through a kink in the wrench of workers in these have to show that age was the employer’s prime motivation behind adverse employment action (hiring, firing, demotion, discipline, transfer, denial of benefits/perks, etc.). Because employer knew they only needed to come up with one other plausible, non-discriminatory reason for the action, the plaintiff would have difficulty making a case.
Now, a U.S. Senate Bill with bipartisan support would reverse that ruling, Gross v. FBL Financial Services, and make it so that workers wouldn’t have to prove discrimination based on age was the prevailing reason employer took the adverse action they did. Instead, they could prove discrimination based on age was one factor in the decision to fire, discipline, transfer, demote or not hire in the first place.

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Older workers are the fastest-growing group of Americans – and also some of the most vulnerable to adverse action on the basis of their age, which is a protected status under state and federal civil rights law. As age discrimination lawyers can explain, the law protects workers from age-based bias starting at age 40, but those over 65 are the most at-risk.grayhair

These individuals in decades past did not continue their careers much beyond this time, if at all, but that’s been changing. Reasons for this include:

  • Wage growth stagnation
  • Disappearing pensions
  • Delaying claims to Social Security benefits to maximize payouts
  • Longer lifespans
  • Not having much of a retirement to speak of or fearing it will run out way too soon

A survey conducted last year by Gallop found that more than 40 percent expect to work beyond age 65. That’s a sizable uptick since 2004, when 26 percent answered the same, and almost quadruple what it was in 1995. It’s likely to continue this upward trajectory. Continue reading

Facebook recently vowed to rewrite its systems to ensure that employment discrimination wasn’t baked into its advertising platform, excluding workers on the basis of federally-protected classes like race, gender, age, religion and nationality. But there is evidence to suggest that whatever the company’s efforts, the type of discrimination that’s been occurring will continue.

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A recent study published by computer science experts at the University of Southern California, Northeastern University and a non-profit think-tank called Upturn analyzed the algorithms responsible for ascertaining which users see which ads. In other words, where previous criticism of the social media giant largely focused on its targeting (the audience ad buyers sought to reach), these researchers looked at the algorithms responsible for advertisement delivery (who those ads were ultimately going to reach).

The technology sector has been noted for its extensive examples of alleged California age discrimination complaints, particularly in Silicon Valley, home to some the tech industry’s high rollers. IBM is a firm that has repeatedly been accused of unlawfully discriminating against employees on the basis of age. age discrimination lawyer

Four former employees of the company allege top executives at the firm were calculated in violating the law during a round of layoffs that specifically targeted older workers. It sounds outrageous, but as our Los Angeles age discrimination attorneys know, these are just four of an estimated 20,000 workers over the age of 40 who have been discharged the last six years.

The workers say the company violated federal laws like the Age Discrimination in Employment and the Older Workers Benefit Protection Act (OWBPA) in trying to alter the makeup of the company’s senior administration roles by replacing the majority of baby boomers at the helm with younger workers and recent college graduates perceived as more tech-savvy. Continue reading

It is illegal – in California and across the U.S., per the EEOC –  to discriminate against a job applicant based on their race, color, religion, gender (including gender identity, sexual orientation and pregnancy) national origin, age (over 40), disability or genetic information. Yet one of the most frequently-used forums to lure new hires has essentially been facilitating just that, according to critics and a few employment lawsuits filed by the National Fair Housing Alliance, the American Civil Liberties Union and the Communication Workers of America. Los Angeles employment discrimination attorney

Social media giant Facebook has faced years of criticism that it allowed companies advertising job listings to use key categories allowing employers to cherry-pick who their ads would be shown to based on age group, gender and race. The New York Times now reports Facebook has agreed it will stop doing this.

It’s not just prospective employees that have been complaining either. Those advertising credit and housing have also been allowed to screen their ads so that they would only show to a certain subset of social media users. (Housing and credit are also regulated by federal anti-discrimination laws that bar selection of applicants on such bases.) Continue reading

In order to be successful in claiming employment discrimination in California, employees must first assert they are part of a protected class that received unfair treatment. The U.S. Equal Employment Opportunity Commission (EEOC) explains that to discriminate means to treat someone less favorably and disparately, with federal protections extending to individuals on the basis of gender, religion, color, race, national origin, disability or age (over 40). In California, unlawful practices spelled out by the Fair Employment and Housing Act 12940 outlines protections for these classes, but also for:

  • Genetic information
  • Marital status
  • Gender identity/gender expression
  • Sexual orientation
  • Military or veteran statusemployment discrimination attorney Los Angeles

Part of the reason California’s additional protected classes matter is they go farther than federal law, giving unfairly-treated employees more options to pursue action.

As Los Angeles employment discrimination attorneys can explain, “protected classes” aren’t merely limited to minorities. But employment discrimination is often subtle – and doesn’t necessarily need to actually be a part of a protected class in order to be protected. Discrimination based on the perception of belonging or association with others in these classes can be actionable in California employment discrimination cases too.

Perceived Protected Class Employment Discrimination Continue reading

Employment discrimination can be subtle, but it is described as unequal treatment or attitudes toward one group of employees or against another resulting in unfair, adverse impacts to a protected class of employees or prospective employees. Among the most common questions our Riverside employment discrimination attorneys receive is, “How do I file an employment discrimination lawsuit in California?” One of the first things we need to determine is whether you belong to a protected class, and if so, whether they suffered disparate and negative treatment as at least partially a result of being in that class. Riverside Employment Discrimination Lawyer

The California Fair Employment Practices Act marks its 60th anniversary in 2019. The law prohibits discrimination against employees and/or applicants on the basis of one’s actual or perceived belonging or association with one of the following protected classes:

Gender (this provision also bars sexual harassment);

  • Race and Color
  • Ethnicity
  • Marital Status
  • National Origin or Ancestry
  • Religious Creed
  • Pregnancy, Childbirth or Related Conditions (including lactation)
  • Disability
  • Age (pertains to individuals over the age of 40)

Once our Riverside employment discrimination attorneys examine the facts of the case to determine whether sufficient evidence exists to file a claim, we’ll give you a detailed rundown of your legal options. Unlike other types of civil claims, the process of filing an employment discrimination claim doesn’t always go straight to court. Continue reading

Age discrimination permeates workplaces across California within all industries and income brackets, with one study revealing reports of on-the-job ageism rising 44 percent in the last two decades. Riverside age discrimination attorneys know it’s only likely to get worse as the population ages. People are working well into their 70s and even 80s, unlike generations past, which means there is greater competition for jobs. By 2022, Generation Z will be hitting the workforce, setting the stage for even fiercer competition.age discrimination lawyer

In yet another recent California age discrimination claim, 18 plaintiffs allege they were targeted for their age, wrongly accused of “not meeting goals,” forced to give up client bases (which were then handed to younger insurance agents) and then either wrongfully terminated or forced to resign. One insurance agent was reportedly told he could work until he retired, but that he’d be forced to give up his client base – after 35 years of service as an agent for the same company. Plaintiffs are also alleging they were wrongfully characterized as independent contractors, despite the fact that the company controlled nearly every aspect of their daily work (a significant factor in the determination of whether someone is or is not an independent contractor).

The federal Age Discrimination in Employment Act (ADEA) offers protection for workers over the age of 40 from workplace discrimination based on age. Despite this, officials with the Equal Employment Opportunity Commission referred to the problem of age discrimination as an “open secret,” and has vowed to target the issue aggressively this year and perhaps beyond.  Continue reading