Articles Tagged with age discrimination attorney

Employers using social media platforms to advertise jobs and recruit potential employees is nothing new. Some did run into trouble tailoring their job ads to certain audiences (by age, gender, location, etc.), but most of those fields have been eliminated. Now, some employers are shifting their recruiting efforts to TikTok, a wildly popular video-sharing social networking service. Los Angeles employment discrimination lawyer

Last month, the company even launched its own pilot program with its own website that allowed people to apply for jobs through the app, which offered resources, tips and how to make a good pitch. Meanwhile, many employers, facing significant worker shortages, are using the app to reach out to potential workers.

By virtue of the fact that it is a video-based provider, it does leave prospective employees vulnerable to looks-based discrimination, sometimes referred to as appearance discrimination or lookism.

Of course, one’s appearance is not an indication of their work ethic or character. That said, society often puts a significant value on one’s appearance. Certainly, that’s not fair, but is it illegal? Appearance discrimination isn’t a category that is technically recognized as being protected by employment laws in California, but it could be actionable when the employer’s conduct amounts to gender discrimination, age discrimination, racial discrimination or disability discrimination. Continue Reading ›

Millennials are often derided in popular culture as being overly consumed by the digital age and largely defined as the entitled youth. But as of January 1, 2021, the oldest among them (born in 1981) turned 40. As our Los Angeles age discrimination lawyers can explain, that’s old enough to file claims under the Age Discrimination in Employment ACT (ADEA) of 1967.age discrimination

Just like every other generation before them, millennials aren’t forever young. In fact, age discrimination is already facing some millennials – women in particular. We may see this become a pivotal battleground as the nation recovers from the economic crisis of coronavirus, given that discrimination is often worse during and immediately after periods of recession.

Of course, most people who are just turning 40-years-old aren’t going to bear the brunt of age discrimination in the workforce. Still, those who will tend to see it first are women. 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 ›

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 ›

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