age discrimination

California Age Discrimination Increasingly Prevalent

October 28, 2022 | by Nassiri Law

Age discrimination against workers is nothing new. It’s not unique to California or even to America. Unfair treatment of older workers is a common thread in many societies, with ageism becoming more prevalent in economies that are advancing even as their workforce ages.It’s estimated that by 2030, one quarter of the world’s workforce will be over 55.

We’re likely to see a growing number of California age discrimination lawsuits as two of the largest generations – Baby Boomers and Millennials – cross the over-40 threshold. (Baby boomers are currently between 58 and 67, while the Millennials can be as young as 26, but as old as 41.)

What is Age Discrimination?

Sex, Age Discrimination Cited in Sizable, Lasting Job Losses Among Older Women Amid Pandemic

October 14, 2021 | by Nassiri Law

The pandemic had sweeping effects on California workers and the economy at large. Some companies saw increases in demand, but for many workers, the impacts were both adverse – and lasting. According to the new study released by the AARP, older women saw some of the worst effects, and they don’t appear to be subsiding. Fair employment advocates say age discrimination and sex discrimination play no little part in the phenomenon. Workers who believe they have been discriminated against on the basis of their age or gender should reach out to a long-time, trusted Los Angeles employment law firm.

Some of the primary takeaways from the AARP study,

About 40 percent of mid-career and older women workers experienced at least one job interruption during the pandemic.
Of those who are still unemployed, roughly 70 percent have been out-of-work for six months or more.
Among those who are still employed, most remain concerned about their financial future and potential unemployment.
More than 25 percent report their financial situations have worsened over the course of the pandemic.

One common thread for all employed women was the implication of caregiving. It was reported that 1 in 3 took care of a child or grandchild home during the pandemic for remote schooling. For many, that meant they could only work certain shifts or hours or reduced hours. Nearly half of employed women at some point during the pandemic were caring for either a child, grandchild, or adult family member or friend.

Then factor in that age discrimination in hiring has long been a stubborn problem in America’s workplaces for years. Older and mid-career women are often the most significantly impacted. The AARP’s survey of nearly 34,000 women workers found that almost a third who were job hunting believed age discrimination had been a hurdle in their efforts to secure a new position. Continue Reading ›

Age Discrimination in Sales Alleged in Federal Employment Lawsuit

September 12, 2021 | by Nassiri Law

Few corporate arenas are immune from ageism and age discrimination in the workforce, but sales and retail settings are known to be some of the worst offenders.

Recently, Reuters reported a federal class action age discrimination lawsuit had been filed against a drug maker, alleging the company only advertises its sales representative positions through college campus recruitment programs, and then fill the jobs with younger workers who were typically brought on initially as interns.

Plaintiffs allege the drug manufacturer is in violation the Age Discrimination and Employment Act, a federal law, as well as comparable state-level laws, which shield workers who are over the age of 40. In this case, workers in this protected age group were either deterred from filing for sales representative jobs or applied unsuccessfully, despite being more qualified than the younger individuals who were ultimately hired.

The company denies that managers were allegedly instructed to “not even bother” submitting candidates over 30 for consideration in sales position. Plaintiffs allege the company adopted hiring quotas about five years ago with the intention of packing their sales force with “early career professionals.” That’s a nice way of saying discriminating against older workers. Continue Reading ›

Do TikTok Job Recruit Tactics Violate Age, Gender Discrimination Laws?

August 21, 2021 | by Nassiri Law

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.

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 ›

Bill to Protect Older Americans from Age Discrimination Passed by House

July 2, 2021 | by Nassiri Law

Age discrimination is an ongoing problem in workplaces throughout California and the U.S. Recognizing this, the U.S. House of Representatives recently passed a bill aimed at protecting older Americans, potentially making it easier to file suit for violations.

The Protecting Older Workers Against Discrimination Act was introduced earlier this year as part of a bipartisan effort. The goal is to restore workplace protections for 40-and-older workers that were undercut in Gross v. FBL Financial Services, Inc., a 2009 U.S. Supreme Court ruling. That ruling made it tougher to prove age discrimination.

In that case, the high court held that plaintiffs alleging disparate treatment under the Age Discrimination in Employment Act (ADEA) of 1967 must prove that one’s older age was the “but-for” cause of the adverse employment action. In other words, as our Los Angeles age discrimination lawyers can explain, the burden doesn’t shift to the employer to prove the action would have been taken regardless of age – even if the worker produces evidence that age was one motivating factor. The court held that ADEA doesn’t authorize a so-called “mixed-motives age discrimination claim.” Rather, it states that claims may be brought when an employer took some adverse action “because of age” and that age was the “reason” the employer decided to act. Continue Reading ›

$2.5 Million Paid in California Disability, Age Discrimination Lawsuits

June 28, 2021 | by Nassiri Law

The City of Huntington Beach has paid $2.5 million total to settle claims of disability and age discrimination allegedly perpetrated in part by the city attorney. The payout comes after the city paid $1.5 million fighting the claims.

According to The Orange County Register, two former employees allege the city’s former and current senior deputy city attorneys made numerous efforts to force them and other older workers out of their employment roles.

The case had been pending for two years, and council members, who had to approve the legal fees, insist the case has always been without merit, which is why they pushed the outside lawyers to prepare for trial rather than try to settle. Ultimately, though, they chose to settle with one claimant for $1 million and another for $1.5 million. Continue Reading ›

First Millennials Turn 40: Old Enough for California Age Discrimination Claims

January 13, 2021 | by Nassiri Law

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.

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 ›

“Ok Boomer” Went From Meme to U.S. Supreme Court in Age Discrimination Dispute

January 12, 2020 | by Nassiri Law

Is saying, “Ok, boomer” a form of age discrimination? The U.S. Supreme Court is weighing the possibility. While we await a decision, companies may want to be wary of workers tossing the phrase around.

The pithy catchphrase went viral last year as a means of taking a dig at older generations – specifically the perception that aging individuals tend to be more judgmental, narrow-minded and rigidly conservative. Recently, while considering an age discrimination lawsuit, Chief Justice John Roberts, himself a baby boomer (those born between 1946 and 1964), asked hypothetically whether use of the phrase said during the hiring process would constitute age discrimination.

The case in question involves an older government employee who alleges she was discriminated against because of her age. When Roberts asked the question, the somber mood within the courtroom lightened as many chuckled. However, the plaintiff’s employment attorney did seize on it to make a serious point, noting that the use of ethnic slurs in the hiring process could easily be construed as evidence of age discrimination – why not a quip like, “Ok, boomer”? Continue Reading ›

Legal Pitfalls for Employers Using Artificial Intelligence in Hiring Process

November 22, 2019 | by Nassiri Law

Hiring is an integral but time-consuming, expensive and often tedious process with which every company must contend. In looking for ways to cut down on exhausting searches, an increasing number of companies are turning to artificial intelligence (AI) systems to help more quickly identify qualified candidates. This can prove especially beneficial for firms that need to cut through a huge influx of potential applications.

However, there is growing concern that such AI application systems may be perpetuating some forms of discrimination, particularly age, gender and race. This is in spite of tech companies insisting that their systems are designed to root out long-existing human biases.

Last year, Amazon tested integrated machine-learning techniques on its recruiting platform. This was supposed to be a “smart tool” that could help managers pick ideal job candidates faster. However, after being fed a decade’s worth of resumes, the system began showing a clear bias toward male candidates. In troubleshooting, engineers with the company figured out that because most of the resumes were coming from male candidates, it made the “artificial intelligence” leap that male candidates were more desirable, and thus downgraded the ratings of female applicants. Engineers addressed this by editing the programs so that they included more gender neutral terms. However, that doesn’t mean these systems won’t still prove discriminatory – now and in the future. (Amazon decided to ax the project before fully launching it, perhaps realizing the potential legal liability landmine.)

It’s no leap to surmise similar discriminatory patterns could soon emerge.

If, for instance, a firm has a general tendency to hire fresh-out-of-college candidates, these systems could easily begin trending toward a younger workforce bias. Continue Reading ›

Facebook Accused of Facilitating Gender, Age Discrimination by Banks, Insurers, Investors

October 31, 2019 | by Nassiri Law

A proposed class action lawsuit alleges banks, insurance companies, investment firms and loan officers were able to discriminate against older, female prospective new hires and customers using Facebook Inc.’s targeted ad platforms. The complaint, filed in San Francisco federal court, insists the company allowed financial service and other advertisers target their ads to certain consumers on the basis of age and gender – even though the company has already been taken to task for similar discriminatory ad practices.

If it’s proven that this violated civil rights and employment rights laws, Facebook could be vulnerable to paying billions in damages to users across the country.

An attorney for the plaintiffs told Reuters the relative novelty of the internet doesn’t usurp the civil rights and employment law protections that Americans enjoy. A spokeswoman for Facebook said the company is taking the time to review the complaint, and expressed pride with the gains the social media giant has made on this front over the last few years. Continue Reading ›