Articles Tagged with age discrimination attorney

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

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

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

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

A former employee of Lockheed Martin has just prevailed in his federal age discrimination lawsuit – to the tune of $51.5 million. It’s believed to be the largest-ever age discrimination verdict for an individual plaintiff.officebuilding

The 66-year-old plaintiff asserted that he was laid off five years ago for alleged staff cutbacks when in fact, his lawyers argued, the cuts were specifically instituted to slash older workers from the payrolls. The goal was to replace those older (i.e., costlier) workers and replace them with younger workers willing to work for lower salaries.

This kind of argument is based on an alleged pretextual claim. That is, the employer stated the adverse employment action (i.e., demotion, firing, lay-off, loss of benefits, refusal to hire, etc.) was due to one thing when in fact it was due to illegal discrimination. In this case, that alleged discrimination was on the grounds of the workers’ ages. The federal Age Discrimination in Employment Act of 1967 prohibits age discrimination of workers over the age of 40. Continue reading

The AARP, a consumer advocacy group that focuses on the rights and well-being of older people, has filed a lawsuit alleging employee wellness programs may violate workers’ rights and be used to violate anti-age discrimination laws. exercise

Named as a defendant in the lawsuit is the Equal Employment Opportunity Commission (EEOC) which recently released a new rule on employer wellness programs as they relate to Title I of the Americans with Disabilities Act.

For those who may not be familiar, employee wellness programs involve companies extending major financial incentives to workers who sign up as an effort to improve their health, often through weight loss, smoking cessation and exercise programs. Workers save on health costs and companies get to help lower their long-term insurance premiums. The problem, says the AARP, is that a lot of the health-related programs and activities involve assessments of medically-sensitive information about workers, such as the results of biometric screening, which is then often passed on to the company.  Continue reading

The California age discrimination lawsuit against tech-giant Google may soon grow exponentially. A federal judge in San Jose recently approved the case’s collective action status. That means certain software engineers over the age of 40 rejected for Google jobs following an in-person interview over the last two years are now able to join the lawsuit. That could mean thousands of additional plaintiffs will be eligible to join the action. office woman

In an artful, 17-page opinion, Judge Beth Labson Freeman posed the question, “How does age factor into one’s Googleyness?” At the heart of the case, plaintiffs seek to expose Google’s hiring practice and larger corporate culture as one that puts a prime value on youth, and considers age a detriment (as opposed to an asset with the benefit of experience).

The age discrimination lawsuit was filed by two former job applicants who were both over 50 when they were turned down for positions at the firm. One woman, a programmer, was brought in for in-person interviews on four separate occasions, and rejected each time. The second plaintiff was interviewed by phone, but was not brought in for an in-person interview. Freeman imposed a limitation on the class of people to those who had an in-person interview. That still means thousands may potentially join this action. Continue reading

Age discrimination is something we’re going to be seeing a lot more of in the coming years, as older generations are working longer and in more highly specialized fields. As of 2016, nearly 20 percent of Americans over the age of 65 are working. Some do it because they want to continue their contributions. Others do it because they have no other choice. The traditional pension that workers traditionally leaned on to sustain them in their 60s and well into their 70s just isn’t an option for most workers anymore.computer1

And then there are those like JK Scheinberg, who detailed his recent confrontation with age discrimination. He’s a former software engineer at Apple who retired at age 54 after 20 years of working at the firm. In fact, he was credited with leading the effort that moved the Mac to Intel processors.

Scheinberg explained to a New York Times reporter recently how, feeling a bit restless in his retirement, he sought a job at the Apple Genius Bar. For those unfamiliar, this is where customers can take their Apple computers when they are having difficulties or glitches.

California age discrimination is the target of a new bill passed by the state Senate that would allow actors and actresses to keep secrete their ages from certain websites. In particular, the Internet Movie Database, which is frequently used by casting directors in both the television and film industry, has been cited by actresses and actors who have been turned down for roles on the basis of what they suspect is their age. Hollywood1

Sent. Bob Hertzberg (D-Van Nuys) is supporting the measure, AB 1687, by saying that older actors are often subject to age discrimination when they are seeking their next role. The bill is referred to as the Customer Records: Age Information: Commercial Online Entertainment Employment Service Providers. The bill was first introduced to the Assembly in April before being amended in May and then sent to the Senate, which has amended it twice, most recently Aug. 2, 2016. Now that the latest version has been passed by both the Assembly and the Senate, it now goes to the governor’s office for final approval – or veto.

Hertzberg cited the example of former “90210” actress Gabrielle Carteris, who was 29-years-old when she auditioned for the role of a 17-year-old girl. She landed the part, but the casting director said at the time, he didn’t know her age. If he had, he later said, he would never have given her the role. Hertzberg says this is a perfect example of how the easy accessibility of an actor’s age online can work against someone who is talented and otherwise qualified for the role.  Continue reading