Articles Posted in age discrimination

A 58-year-old Ontario, Calif., woman who has already been awarded $3 million in compensatory damages is now entitled to $28 million more after aage discrimination jury in Los Angeles Superior Court determined she faced repeated and pervasive age discrimination from her former employer. The jury decided defendants acted with malice against plaintiff and landed on the figure of $28 million during the punitive stage of the lawsuit. Comments against the plaintiff during her employment with the company allegedly included “We need younger workers here,” “Dumb female,” and “You are outdated.” The remarks reportedly were made by her supervisor and his boss. According to Associated Press, in addition to discrimination, plaintiff accused her former employer of harassment, retaliation, and wrongful termination.

Plaintiff worked for the company and its subsidiaries in various positions from 1978 until she said she was forced to quit from job stress in 2014. About seven months before she left the company, plaintiff got a new boss, and things really changed for her at work. She alleged her new boss regularly threatened her job and put extremely intense pressure on her. Although the parent company was located in Washington, plaintiff worked at plants in Orange, San Dimas, and Glendora. Attorney for plaintiff suggested the settlement should be more than double what she was ultimately awarded, arguing that age discrimination was part of a bigger picture. He claimed an entire department at the company was driven out and replaced by younger, cheaper employees. Plaintiff said she was replaced by a 20-year-old after she left. Continue reading

Employers often want to position their companies as a place that the next generation of workers will thrive and feel welcome. However, it’s age discriminationcrucial that in doing so, they are not committing age discrimination.

An Orlando-based national restaurant chain learned this lesson the hard way after settling an age discrimination lawsuit brought on by U.S. Equal Employment Opportunity Commission for $2.85 million. According to a Newsweek report, about 135 applicants alleged they were asked their age during interviews and that interviewers made age-related comments. They claimed they were then denied employment because of their ages.

Managers at Seasons 52, part of the Darden family of restaurants, allegedly made comments to applicants age 40 or older that they were “Looking for someone younger,” or that “Seasons 52 girls are younger and fresh.” The lawsuit covered 35 restaurants across the nation, including California. In addition to pointed questions about age, EEOC claimed the chain also hired people 40 and older at a significantly lower rate than younger applicants, even for back-of-house positions.

Continue reading

As the #MeToo movement has proven, it’s tough being a woman in the workplace, particularly working in a male-dominated field. Evenage discrimination tougher, it seems, is the discrimination women face as they get older and try to maintain their standing in their professional careers. Many face a different set of standards as they age than their male counterparts, according to an examination by Forbes. Men’s age is often seen as a symbol of experience, status, wisdom, and leadership capabilities. Even if they lack the modern skills some younger people bring to the workforce, they are typically valued for the knowledge they can share with those inexperienced in the field. For women, though, their age can be construed as a sign that they are outdated, out-of-touch, and lacking technical abilities. Sadly, physical appearance is frequently a factor is these discriminatory practices, with men’s appearances being viewed more favorably as they age.

Ageism and sexism run deep in our society, so some might not even be aware they are mentally perceiving their employees differently. But hidden biases are not an excuse to give employees unequal treatment. The Age Discrimination in Employment Act of 1967, Sec. 623 clearly states it is unlawful to fail or refuse to hire someone because of their age, or to discriminate in any way including compensation or terms, conditions, and privileges of employment. The law also prohibits classifying or segregating an employee in such a way that deprives them of opportunities other employees enjoy as a result of his or her age. Reduction of wages due to a person’s age is also illegal. Of course consideration of a person’s sex was already prohibited in workplace hiring, firing, and promotion matters based on Title VII of the civil rights Act of 1964.

Continue reading

Even within organizations whose mission is to protect the rights of others, it is possible for questionable practices that infringe on rights to taint the reputation and wrongful terminationculture of the group. San Diego Lesbian, Gay, Bisexual, Transgender Pride has been caught up in accusations and internal tensions since the dismissal of its executive director in August 2016. Now the former employee is suing the group for wrongful termination as well as age discrimination and defamation of character.

The former executive director recently filed the lawsuit in Superior Court of California, County of San Diego claiming his firing by the group’s board was personal and not based on performance or any sort of wrongdoing, according to a report from San Diego Reader. In fact, other group members and staffers were so incensed by the dismissal they demanded plaintiff be reinstated, protesting the decision at one of the organization’s monthly meetings shortly after the firing.

Particularly noteworthy to those who defended plaintiff at the time of the dismissal was the booming success of San Diego Pride under his leadership. Many credit him for the record-breaking year the group had in 2016, according to NBC San Diego, including an influx of grants and popular events. He was seen as a rising star in the organization since he joined in 2013, first as an independent contractor, quickly escalating to general manager and then executive director the next year. The board remained vague on the sudden dismissal, citing a desire to “go in a different direction,” causing more unrest among group members upset over the lack of transparency. Continue reading

It may be a brave new world when it comes to technology and communications, but some companies might be up to the same old tricks when it comes to ageemplyment age discrimination discrimination.

According to an investigation by ProPublica and The New York Times, dozens of top U.S. employers have been restricting the age group that can see recruitment ads posted on Facebook. These employers include business giants Verizon, Target, Goldman Sachs, Amazon, UPS, State Farm, and even Facebook.

These ads have spurred a class-action complaint recently filed in the United States District Court for the Northern District of California on behalf of the Communications Workers of America. Also included in the plaintiffs are all Facebook users 40 years of age and older, who might have lost job opportunities due to advertising restrictions based on age.

Facebook allows options to target specific demographics so advertisements can reach the most relevant audience possible. Filters include location, interests, sex, and age. Ads cost more the broader the audience and the more people they reach, so it benefits an advertiser to find a very specific niche.

This is fantastic for a retailer selling men’s tennis shoes or a community promoting a local seniors’ retreat. But it might spell big trouble for employers who use these restrictions to limit the age of the audience that can see job ads posted on the platform. Continue reading

California is an at-will employment state, which means employees can be fired for any reason and with no warning. There are however some exceptions to the rule that would categorize such dismissals as a wrongful termination.wrongful termination

Some examples include if there was an agreement that required good cause for termination or if there was discrimination against a protected class. According to the California Labor Code Section 1102.5, an employer is also forbidden from firing an employee for refusing to commit an illegal act. Likewise, it is illegal for an employer to retaliate against an employee by terminating them for reporting such illegal activities. Such exceptions are essential to maintain laws and to protect whistleblowers who risk their livelihoods to come forward.

Whistleblower retaliation can be difficult to prove without proper guidance. If this sounds like something you have experienced on the job, it is important to seek assistance from a knowledgeable employment attorney who can counsel you on your rights and if there is a case for a lawsuit. Continue reading

Yet another California age discrimination lawsuit has been filed against tech company Hewlett Packard, which has been the subject of ongoing allegations of favoritism toward younger employees.age discrimination attorney

The 55-year-old plaintiff in the latest case worked for the firm for more almost 40 years, most recently as a research and development buyer. He asserts the company targeted older workers – including himself – in a 2012 layoff. After filing a complaint with the California Department of Fair Employment and Housing, the government gave him permission to sue (which is a mandated step in the process). He is now seeking class action status.

The San Diego Tribune reports the DFEH has been in receipt of nearly three dozen age discrimination complaints made against this same company since mid-2012. Two dozen of those complainants were given the green light to file an employment lawsuit. More than half a dozen were dismissed or withdrawn and one was deemed outside the department’s jurisdiction. In a USA Today in-depth analysis on age discrimination complaints the DFEH in California, Hewlett Packard ranked No. 1 among Silicon Valley firms. Others included Cisco Systems, Apple, Google, Oracle and Genetech. Other companies like Yahoo, Facebook, Twitter, LinkedIn, Intel and Tesla Motors also made the list. The majority of those complaints alleged wrongful termination, while some did allege age discrimination in the course of hiring and promotion. Continue reading

The Age Discrimination in Employment Act of 1967, 29 USC 621, outlaws discrimination on the basis of one’s older age. When Congress passed the law, it acknowledged that older persons were disadvantaged by companies had commonly begun setting arbitrary age limits – regardless of the potential for job performance. age discrimination

This year marks 50 since the ADEA was passed, and still, age discrimination remains a common problem – even among those companies at the forefront of our technological advances. Social media companies in particular have been accused of perpetuating a culture of age discrimination.

Recently, Facebook was once again named a defendant in an age discrimination lawsuit, this one filed by a 52-year-old man who alleged that for two years, he was constantly the target of ageist jokes. Among the common themes of this constant humiliation were that older people were “creepy,” “don’t belong” at the organization and shouldn’t be employed by the firm because they “don’t relate.” One might characterize such statements as the ill-advised but isolated remarks of a few, but that argument starts to falter when you consider the highly-publicized comments made publicly by Facebook CEO Mark Zuckerberg 10 years ago, who remarked that younger people are “just smarter.” Later, according to plaintiff’s lawsuit, a chart was displayed during a human resources presentation which showed workers in their 50s to be “low energy.”  Continue reading

Age discrimination is prohibited by the federal Age Discrimination in Employment Act of 1967, which shields workers 40-and-older from suffering discrimination in any aspect of employment on the basis of older age. Disability discrimination violates the Americans With Disabilities Act, which protects workers from unfavorable treatment due to either a history of disability (i.e., cancer that is in remission or controlled) or a belief that one has a non-transitory physical or mental impairment (whether or not that belief is founded). employment attorney

Recently, an oil drilling company in Oklahoma was served with a complaint from the Equal Employment Opportunity Commission (EEOC) alleging the company violating both the ADEA and the ADA. The company allegedly refused to hire applicants who were either over 40 or who had a history of filing claims for benefits under workers’ compensation insurance.

The EEOC alleges the company used the information gleaned from applications for employment in order to carry out the discrimination. The employment lawsuit also seeks compensation for a specific applicant who was required to undergo a post-offer medical examination. Based on the findings of that examination, the company withdrew its job offer. Both the act of compelling the exam and withdrawing the job offer on the basis of that exam were unlawful, the EEOC asserts.  Continue reading

It’s been 50 years since federal lawmakers passed a law intended to protect workers from discrimination in employment on the basis of old age. oldwoman

But it would seem we still have a long way to go on this front.

A new study – one of the biggest ever on age discrimination – has revealed that in terms of hiring, the problem persists to this day and that it’s on the whole far worse for women than men.  Continue reading