Articles Posted in age discrimination

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

Allegations of California age discrimination at tech companies are continuing to pile up. One of those on the receiving end of this litigation is IBM, which has noted in a March 2018 ProPublica investigation, had eliminated more than 200,000 of its employees over the age of 40 – roughly 60 percent of its estimated total U.S. job cuts – just in the five years preceding. Los Angeles age discrimination attorneys at Nassiri Law Group noted recently that same investigation was cited in a Jan. 17, 2019 employer retaliation affidavit filed by a former executive as evidence in a pending class action lawsuit. The executive alleging she was ordered by her employer not to comply with the request of a federal agency to turn over the names of employees over 50 who had been laid off by the company.Los Angeles age discrimination lawyer

Further, the then-vice president and senior executive at the company’s Nevada branch, she warned superiors that the company was vulnerable to age discrimination claims because of its layoff practices. She now alleges she was fired in 2017 as a result of giving these warnings. A company spokeswoman denied this in a statement issued to a ProPublica reporter following up, saying the executive’s termination was entirely unrelated to age discrimination allegations, and that the 39-year veteran of the company, age 62, was terminated for “gross misconduct.” The former employee indicated in court records that she’d received decades of excellent reviews and insisted the misconduct charge was unfounded.

As noted in the 2018 story, the company reportedly (as indicated in at least one internal company record) intended to attain the “correct seniority mix.” Former employees – including this one – allege these practices flouted federal and California age discrimination laws. Continue reading

A recent analysis conducted by ProPublica and the Urban Institute reveals workers over 50 in the U.S. are more likely to be pushed out of their longtime jobs and careers, sometimes long before they choose to retire. In many cases, this results in an irreversible degree of financial damage. Orange County age discrimination attorneys in California know that many Americans assume that by the time they reach 50-years-old, they’ll have the benefit of steady work, they’ll have a solid start on their retirement savings and at least 15 to 17 more years of their career ahead of them – with some freedom to decide exactly when they’ll go. Unfortunately, that is no longer the reality for many workers.age discrimination attorney

Researchers conducted this analysis by examining information gleaned from the Health and Retirement Study (HRS), which is one of the best broad-based information sources we have about aging in the U.S., tracking a nationally representative sample of about 20,000 people since 1992, starting when they turned 50 and on through the rest of their lives.

What they discovered was that by the time workers entered the study to the time they they exited a paid employment role, approximately 56 percent were laid off at least one time (some more) or left jobs under circumstances that so financially destructive it was almost certain they were pushed out rather than chose to exit voluntarily. After such an event, only one-tenth of those workers went on to ever earn as much as they did before their employment setbacks. Even years later, household incomes of older workers who experience such losses are still much lower than those who don’t work. It’s not how most people anticipate ending their careers. Continue reading

U.S. and California law provide very specific discrimination protections for employees who have historically been the greatest targets. Typically, these are women, racial minorities, older workers and those with disabilities. We’ve come a long way in the last 50- to- 60-years in ensuring California workers aren’t fired, demoted, transferred or miss out on key benefits because of prejudice by their employers. However, a key component of those protections is the worker’s classification. Those who are classified as “employees” are entitled to a host of employment law protections – everything from minimum wages and regular mandated breaks to reasonable accommodations if one one’s pregnancy requires restrictions. Los Angeles employment attorneys often have to explain another important protection denied independent contractors: Anti-discrimination laws. workplace discrimination Los Angeles

Approximately 1 in 7 jobs in America is classified as independent contractor or some other contingent-employment arrangement. This amounts to millions of Americans – roughly 14 percent in all, according the U.S. Bureau of Labor Statistics – whose work as freelancers, consultants, temporary agency laborers and contractors who are denied protections against discrimination for their age, race, gender, religion and disability. So for instance, while most employees can expect to be protected from age discrimination from their employer when they reach the age of 40, a freelancer has no such guarantee.

There are some analyses that suggest the unprotected workforce could be even larger. For instance, the California-based Staffing Industry Analysts recently released information indicating roughly 30 percent of American workers could be counted in the “contingent workforce.” The U.S. Equal Employment Opportunity Commission makes it clear that anti-discrimination statutes exempt independent contractors as well as those working for employment agencies. Sometimes, anti-discrimination protections depend on the number of employees a company has.  Continue reading

There is an unfortunate stereotype perpetuated in the technology sector that older workers can’t be effective with newer tech. That the younger employees the fresher the ideas and the greater opportunities for the firm to thrive.employer attorney Riverside California

Such sentiments have been revealed time and again in California age discrimination lawsuits against tech companies in Silicon Valley.

The latest class action age discrimination lawsuit is against technology firm IBM, filed on behalf of three former employees in North Carolina and Georgia, filed in a federal court in New York. Plaintiffs – all between the ages of 55 and 67 – allege the company systematically discriminated against older workers by laying them off disproportionate to the younger employees and also by declining to hire them for other positions that were open in the company. One of the workers had been employed at the firm for 15 years, while the other two had worked for the company more than three decades. Continue reading

A California age discrimination lawsuit filed by four women laid off after decades of working for a job placement center say they were treated unfairly due to their age. age discrimination attorney

While the company attributed layoffs last year to budget constraints, the women – all over 40 – said they were all in upper managerial roles at the firm when the layoffs occurred, followed shortly thereafter by hiring younger replacements. Those employees who remained after the layoffs were then given raises of 10 percent. NBC-4 Los Angeles reported in one case, a younger woman with less experience than one of plaintiffs became a supervisor. Another alleged the director asked if she would be retiring anytime soon. One said she felt pressured to return to work early from her medical leave (during which she was undergoing chemotherapy treatments), indicating at one point, because it didn’t seem her supervisors believed the severity of the situation, that she felt compelled to open her shirt and show her scars to her supervisors.

The case is further complicated because the company contracts with Los Angeles County (specifically the Department of Workforce Development, Aging and Community) and receives local, state and federal funds to to provide workforce services to youth, adults and seniors. The County is not named as a defendant in the California age discrimination lawsuit. Plaintiffs say they not only want to be compensated for their losses, but to protect current employees from facing the same fate in the future. Continue reading

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.

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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.

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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