Articles Posted in age discrimination

A proposed class action lawsuit alleges banks, insurance companies, investment firms and loan officers were able to discriminate against older, female prospective new hires and customers using Facebook Inc.’s targeted ad platforms. The complaint, filed in San Francisco federal court, insists the company allowed financial service and other advertisers target their ads to certain consumers on the basis of age and gender – even though the company has already been taken to task for similar discriminatory ad practices.employment discrimination

If it’s proven that this violated civil rights and employment rights laws, Facebook could be vulnerable to paying billions in damages to users across the country.

An attorney for the plaintiffs told Reuters the relative novelty of the internet doesn’t usurp the civil rights and employment law protections that Americans enjoy. A spokeswoman for Facebook said the company is taking the time to review the complaint, and expressed pride with the gains the social media giant has made on this front over the last few years. Continue reading

The hostility – contrived or otherwise – between Millennials & Generation Z v. Baby Boomers has become pervasive in media, public forums and online – recently giving birth to the viral phrase, “Ok, Boomer!” It’s been used by younger generations in response to interrupted city hall presentations on climate change, Donald Trump tweets, cringe-worthy YouTube videos or really any remark of condescension toward those under 30 or issues of great importance to them. The phrase is on memes, t-shirts and a growing inventory of merchandise, and The New York Times announced it “marks the end of friendly generational relations.”

Just keep it out of the office. age discrimination

As our Los Angeles age discrimination lawyers can explain, “Ok, Boomer!” may seem at worst a rudely dismissive declarative statement on generational differences, but if it worms its way into workplace vernacular, it’s likely to be presented as evidence at some point in an employment lawsuit. That’s because age (over 40) is a protected category in the workplace. There are numerous state and federal laws that shield older workers from discriminatory, adverse employment action on that basis. However, it’s notoriously challenging to prove. A phrase like this tossed around more than once, particularly among more than one staffer or supervisor, the case for age discrimination can get much easier.

Referred to as the “digital equivalent of an eye roll,” it might seem harmless with strangers online or even across the Thanksgiving dinner table, but it can pretty quickly cease to be a joke and start being a real problem in the workplace. And it’s not that even employment attorneys can’t take a joke, but the fact is it’s been more than 50 years since the passage of the Age Discrimination and Employment Act of 1967 and still 6 in 10 older workers say they have experienced age discrimination at work. Continue reading

The American labor union representing some 160,000 television and film actors, radio personalities, journalists, singers and others is arguing a 2017 California age discrimination law that censors celebrity ages online should be reinstated. The law was struck down as unconstitutional by the U.S. Court of Appeals for the Ninth Circuit on First Amendment grounds.age discrimination

The goal of AB 1687  was to crack down on rampant age discrimination in youth-oriented Hollywood, but the effect has been the ages and birthdays of famous actresses and actors can be removed from online entertainment employment services sites like IMDb.com, at the entertainers’ request.

Los Angeles age discrimination lawyers understand that SAG-AFTRA’s argument to have it reinstated was met with a great deal of skepticism from the appellate court justices.

Both Overinclusive and Underinclusive? 

IMDb, wildly popular with 250 million unique visitors monthly, was created in the early 1990s, with its website launched in 1996. The law had forced the company to remove actors’ ages if they were subscribers to the site’s premium service and asked them to do so. Continue reading

A long-running legal battle between the Los Angeles times and one of its sports writers concluded recently when a jury in Los Angeles was awarded more than $15 million in damages for age discrimination and disability discrimination. The claim was first filed six years ago, according to The Washington Post.age discrimination lawyer Los Angeles

Plaintiff, a sports reporter for the Times, suffered a small stroke while covering a spring training in Arizona. He was also later diagnosed with chronic migraines. After this, the newspaper slashed his three-times-a-week column down to two. The reasoning given by the newspaper was that the columns were not well-written and resulted in a poor reflection on the newspaper. The columns he did produce were subsequently more heavily scrutinized than ever.

A few months later, he was suspended, demoted to reporter and resigned – all over a video surfaced that the Times asserted showed a conflict of interest. Plaintiff argued he never had a business relationship with the producer. Plaintiff then went to work for a competitor newspaper before filing his lawsuit, alleging he’d been the victim of workplace age discrimination and disability discrimination. Continue reading

Despite the rhetoric of corporate lobbyists, California discrimination claims are anything but easy wins. The process is difficult, complex and expensive – and deep-pocketed defendants have both the advantage and incentive to drag these cases out, in the hopes plaintiffs will throw up their hands and walk away.employment discrimination

This is not to say they shouldn’t be pursued, but only under the direction of an experienced employment attorney who understands the risks, can realistically explain your odds, has a proven track record of success and in whom you feel you can place your trust.

It’s important to note that not all types of discrimination are unlawful. For instance, it is legal to discriminate on the basis of age in California – so long as the person impacted isn’t 40 or older. There are some states that protect younger workers from age-based discrimination, but California isn’t one of them. However, if, for example, both workers are over 40, age discrimination can still apply. Continue reading

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.

Continue reading

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).