age discrimination lawyer L.A.

L.A. Court Awards $31 Million in Age Discrimination Lawsuit

July 9, 2018 | by Nassiri Law

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 a 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during her employment with the company allegedly included “We need younger workers here,” “Dumb female,” and “You are outdated.”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 ›

Young Employees Are Great; Age Discrimination is Not

June 4, 2018 | by Nassiri Law

Employers often want to position their companies as a place that the next generation of workers will thrive and feel welcome. However, it’s crucial 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.

Age Discrimination in the Workplace Hits Women the Hardest

May 14, 2018 | by Nassiri Law

As the #MeToo movement has proven, it’s tough being a woman in the workplace, particularly working in a male-dominated field. Even 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.

$51.5 Million Age Discrimination Verdict Against Lockheed Martin

February 25, 2017 | by Nassiri Law

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.

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 ›