Articles Tagged with age discrimination lawyer

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Age discrimination is prohibited by the federal Age Discrimination in Employment Act of 1967, which shields workers 40-and-older from suffering discrimination in any aspect of employment on the basis of older age. Disability discrimination violates the Americans With Disabilities Act, which protects workers from unfavorable treatment due to either a history of disability (i.e., cancer that is in remission or controlled) or a belief that one has a non-transitory physical or mental impairment (whether or not that belief is founded). employment attorney

Recently, an oil drilling company in Oklahoma was served with a complaint from the Equal Employment Opportunity Commission (EEOC) alleging the company violating both the ADEA and the ADA. The company allegedly refused to hire applicants who were either over 40 or who had a history of filing claims for benefits under workers’ compensation insurance.

The EEOC alleges the company used the information gleaned from applications for employment in order to carry out the discrimination. The employment lawsuit also seeks compensation for a specific applicant who was required to undergo a post-offer medical examination. Based on the findings of that examination, the company withdrew its job offer. Both the act of compelling the exam and withdrawing the job offer on the basis of that exam were unlawful, the EEOC asserts.  Continue Reading ›

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Two years after an initial complaint alleging age discrimination, a state records office has agreed to settle with a former applicant for $60,000. Plaintiff alleged the records office in Pennsylvania refused to hire him because he was 55 when he sought an appeals officer position. age discrimination lawyer

The complaint was filed with assistance from the Equal Employment Opportunity Commission (EEOC), after the attorney, formerly employed by the Human Relations Commission for nearly two decades, sought a spot with the state records division.

In the midst of the interview, the director openly expressed concern that plaintiff would soon be retiring. A woman who had just turned 40 was later hired for the post, according to PennLive.com.  Continue Reading ›

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Federal law prohibits age discrimination by employers. It protects people who are 40 and older from facing rejection from employment or the denial of certain employment-related benefits solely on the basis of their age.gavel

But recently, a federal appeals court considered whether it’s ageism to discriminate against people over-50 compared with those who are between 40 and 50? It’s a question that hadn’t before been raised in the U.S. Court of Appeals for the Third Circuit until Karlo v. Pittsburgh Glass Works, LLC.

According to court records, the complaint centers on alleged violations of the Age Discrimination in Employment Act (ADEA). The workers who are named plaintiffs in the claim all worked for the defendant, which supplied materials to the auto industry. In 2008, when the industry started to tank, defendant engaged in numerous reductions in its workforce. The company ultimately fired about 100 salaried employees at some 40 locations/ divisions. The individual directors had a great deal of individual latitude in deciding who should stay and who should go. The company didn’t train directors in how to implement the reductions in force, and there were no written guidelines or policies. Plaintiffs in question were each let go and each was over the age of 50. Continue Reading ›

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The California Department of Fair Employment and Housing reports that since 2012, there have been 90 age-related complaints filed against the 12 top technology companies in Silicon Valley. phone

This tells us two things:

  • Age discrimination is commonplace in the technology industry.
  • The graying workforce isn’t staying quiet about it.

Age discrimination lawsuits nationally are on the rise, as Baby Boomers are reaching and working beyond the age of 65. The New York Times detailed the fact that in 2015, there were 21,000 age discrimination complaints filed with the U.S. Equal Employment Opportunity Commission. Only a small percentage of those actually go to court, and proving these claims at trial is often a challenge. That’s because the U.S. Supreme Court ruled in 2009 that in cases of demotion or dismissal, workers have to prove that age was the motivating factor. That can be tough for a few reasons. One is that we’re often talking about colleagues who may have known each other for a long time and have worked together closely for years. The second is that there is not usually a so-called “smoking gun” that clearly shows age was the motivation. Continue Reading ›

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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 ›

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A former engineer for Tesla Motors Inc. has sued the vehicle technology firm in a California federal court, asserting he was wrongly terminated for his age. As evidence, he cites a number of unfair criticisms and comments about his age from both co-worker and supervisors. office

The 69-year-old worker was a one-time contract employee who became full-time at the company’s facility in Fremond. Two of this three bosses reportedly made negative comments about his age. When he was fired in February, he alleges his age was a primary factor.

The employment lawsuit isn’t all that surprising. In fact, many technology companies in Silicon Valley have been facing down similar allegations. For example, IBM, Google, Twitter and Microsoft have all been defendants in California age discrimination lawsuits. Older workers say the companies disregard their valuable experience and instead bring in younger – and often more attractive and cheaper – workers.  Continue Reading ›

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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.

Continue Reading ›

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An age discrimination lawsuit against the city of Milpitas near San Jose was settled recently for more than a half million dollars. The plaintiff also reportedly was offered a new job within the city. typing

According to the San Jose Mercury News, the settlement for $600,000 was to cover back pay and lost wages following her lay-off, as well as attorney’s fees. In addition to being given another job, she was also granted enhanced medical and retirement benefits.

Plaintiff worked with the city as an office specialist in the Building and Safety Department for 12 years, ending in 2012. She accused the city of age discrimination, retaliation and failure to prevent discrimination. Continue Reading ›

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The Hawaii Supreme Court has reversed a summary judgment favoring a company accused of age discrimination in hiring, finding the company failed to meet the necessary burden to prove it should prevail as a matter of law. executives

The 59-year-old plaintiff who had decades of experience in sales was turned down for a sales position, while jobs were offered to candidates who were between 20 and 35 years her junior. Trial court initially ruled plaintiff failed to prove the reasons cited by defendant company were a pretext for the actual, discriminatory reason it chose not to hire her.

Although that decision was affirmed by the appellate court, the state supreme court in its review of Adams v. CDM Media USA, Inc. reversed, noting the company failed to satisfy its burden to produce a legitimate, nondiscriminatory reason for declining to hire plaintiff – particularly when it hired candidates with far less experience.

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Tramp v. Associated Underwriters, Inc., an appeal heard in the United States Court of Appeals for the Eight Circuit, involved claims of wrongful termination due to age discrimination.

hands-833820-mEmployer hired worker in 2000. Seven years later, employer was operating at a loss. Due to economic issues, employer underwent a reduction-in-force (RIF) and terminated seven of its employees. The workers terminated were chosen based upon the quality of their work. According to court records, employee retained her job, but the company president was still concerned about the quality of her work.

The following year, things had not gotten better, and the office manager suggested the company terminate the firm’s health insurance plan. The president did not agree. However, the insurance plan premiums greatly increased and employer sought quotes from competitors. The company provided demographic information on the employees when submitting applications for quotes.

One of the quotes was lower than all others and employer learned that it was because the names of employee and another worker who were both over the age of 65 had been accidentally omitted from the application. When the quote was adjusted, it was much higher. Continue Reading ›

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