Articles Posted in age discrimination

Acevedo-Perez v. United States, a case from the United States Court of Appeals for the First Circuit, involves an employee who was terminated from his employment with federal government. Employee alleged that his termination was wrongful and based upon discrimination as to his age and national origin.

Employee was assigned to an office in San Juan in 2005. The Washington, DC office was short-handed and asked for volunteers who would accept a lateral transfer to that office. One other employee in office in which employee worked volunteered for reassignment. Employee’s supervisor need to fill an additional transfer request and issued a letter informing employee that he was also being transferred. Employee accepted the transfer in September 2005.

Employee requested, and was granted, two extensions on the time he was scheduled to transfer, based upon family issues. He made a third request to delay the transfer, but it was denied, so employee decided to retire instead of being transferred. Continue Reading ›

Older applicants seeking employment in the downtrodden economy may be up against a large-scale and more pressing setback—age discrimination. Evidence of age discrimination has been seen in a range of industries, including manufacturing and technology. There is also a rising trend of age discrimination in academia, higher education and university hiring. Academic institutions that are struggling to maintain a bottom-line may also face liability for age discrimination, especially in a business model that favors low-paid adjunct professors and student teachers.

Age discrimination may manifest during the hiring process or if an employee is denied tenure or another positive course of employment in favor of a younger faculty member. Our Orange County employment law attorneys are dedicated to protecting the rights of all workers—young and old. We understand the struggles of today’s workforce and are dedicated to raising awareness to prevent discrimination and violations of state and federal labor law. If you believe that you have suffered from age discrimination, it is important to consult with an experienced attorney who can review your case, identity a legal cause of action, and aggressively pursue your rights to lost wages and other compensation.

In a recent case, Harold Washington College, part of the City Colleges of Chicago system, has been sued by the U.S. Equal Employment Opportunity Commission (EEOC) for its refusal to hire a woman due to her age. According to the EEOC, the college violated federal labor laws when it denied a faculty position to an adjunct professor because she was 66 years old. After an initial investigation, the EEOC found that the plaintiff worked as an adjunct professor for five years before applying to become a full-time faculty member. She had all of the necessary credentials, records, and glowing recommendations from other staff members. According to the EEOC, the professor was passed over for younger and less experienced candidates—a clear case of age discrimination.

California’s tech industry continues to grow, attracting foreign workers, recent college grads, and professionals around the country. When scrolling through tech job postings, you may commonly read candidate descriptions that specify a preference for “recent college graduates” or “new graduates.” While the requests may seem to benignly target entry level employees, the ads may deter older job applicants and could be considered an act of age discrimination in violation of federal labor laws. According to a Fortune magazine report, the absence of older workers in tech industry jobs may have more to do with advertising than it does with ability.

Silicon Valley is a leading employer of tech industry employees and to most, it is no surprise that it is dominated by young workers. While many young graduates may be more qualified for these positions, tech companies have also been accused of illegally discriminating against older applicants. Our Orange County age discrimination attorneys are dedicated to protecting the rights of workers throughout California. We are abreast of legal developments in discrimination and are committed to raising awareness to stop workplace inequality.

Tech companies are known to post jobs exclusively for “recent college graduates” drawing from a large pool of candidates who are in their early twenties. Companies such as Apple, Facebook, Yahoo, and Dropbox have all listed job openings for candidates who have recently graduated. The companies even go so far as to list which graduating classes will qualify. Representatives from the Equal Employment Opportunity Commission are now saying that these job notices could be flouting federal employment laws and deterring older applicants from applying.

As baby boomers approach their retirement years, and a significant number of workers enter middle-age, an increasing amount of age discrimination cases have been cropping up in California and nationwide. In a recent case against the San Francisco police department, the Ninth Circuit has ruled that a class of over-40 police officers are able to proceed with their age discrimination case after they were denied promotions. The case was reinstated under California’s Fair Employment and Housing Act and could bring justice to the officers who were wrongfully and illegally denied promotions.

According to Bloomberg, the lower court wrongfully rejected the proposed class for failure to raise a common question of law or fact. The Ninth Circuit determined that the officers in fact met requisite standards for class certification. Our Orange County age discrimination and employment law attorneys are committed to protecting the rights of workers throughout California. In addition to fighting for the rights of individual workers, we are dedicated to raising awareness to prevent future discrimination.

Plaintiffs for the attorneys stated that they believe the decision was the right one for the class and could have wider implications beyond the Ninth Circuit. The decision has the effect of reducing the burden of proving the merits of a case at the class certification stage. Critics of the decision allege that making class certification easier will mean that litigation will last longer, pose more risks, and be more costly to defendant employers.

Age discrimination is illegal in the workplace, but still impacts a significant portion of the labor force. New research shows that individuals who suffer from age discrimination may be at risk of more than just their employment status. According to a study conducted by the Florida State College of Medicine, individuals who believe that they have suffered age discrimination also suffer poorer health. The impact of age discrimination on health has shown to be worse than even the impact of perceived racism or sexism.

In the state of California, age discrimination is illegal. Failure to hire, promote, or termination based on age discrimination may give rise to a civil action against an employer company. Our Los Angeles age discrimination attorneys are dedicated to protecting the rights of employees. If you believe you have suffered from age discrimination in the workplace, our legal team will take immediate action on your behalf. In addition to providing sound counsel and advocacy to victims of discrimination, we are abreast of the legal developments and research that may impact our clients.

According to the study that was published in the American Journal of Geriatric Psychiatry, researchers tracked the changes in health of individuals over a four-year period. They had done previous research on whether perceived discrimination based on weight was associated with the risk of obesity. Using prior results, the researchers wanted to test whether the same association could extend to other types of discrimination. An initial study revealed that adults who believed that they had been discriminated against because of their weight suffered health declines more significantly than those who did not suffer from perceived discrimination.

After a company-wide restructuring, Allstate Insurance changed the rules for as many as 6,200 agents. Some agents had invested their own funds to build up their agencies over a decade or longer, with one man investing as much as $120,000 over 14 years and another investing $80,000.   In 1999, these agents were called into meetings and told that while they could continue to sell Allstate Insurance, they were being reclassified as independent contractors. They lost their retirement accounts, their profit sharing, and their health insurance as a result, and their pension benefits would no longer continue to accrue. 

If the workers accepted the deal, they were required to sign a waiver as a condition of continuing to work for Allstate. The waiver indicated that they were giving up their rights to sue. Many signed the waiver, but 31 agents sued Allstate anyway for age discrimination and breach of contract, among other claims.  It has now been 13 years and the case is still moving through the courts. It illustrates both the complexity of employment discrimination cases as well as the importance of speaking with an Orange County employment law attorney before signing any type of waiver.

Allstate Case Shows Perils of Signing Waivers

Boeing is shifting jobs to California, which should be good news for workers. However, individuals living in California don’t want just any jobs- they want good, secure jobs with employers who treat them right and who do not engage in discriminatory behavior. 

Unfortunately, accusations are being made that suggest Boeing may be making the move to California because of age discrimination.  Boeing may terminate many older employees with higher pay rates as a part of the move to a new state, replacing these seasoned workers with younger and cheaper individuals.  Employers who discriminate and terminate employees based on their age can face legal challenges, and the Puget Sound Business Journal indicates that the airliners actions may result in a lawsuit by the engineer’s union.

An experienced Orange County employment law attorney can represent clients involved in age discrimination cases and other lawsuits and help them to pursue a claim for compensation.

An older employee may be discriminated against in a number of ways. If a an employer terminates a highly paid employee they could be guilty of age discrimination.

A California age discrimination lawsuit may be necessary to protect the rights of an older worker who has been fired.

Take the example of one California woman who was “let go” from her long-time employer because the company stated that budget requirements demanded a reduction in the workforce.