California 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?

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 ›

California Age Discrimination Lawsuit: $704k Damage Award to Plaintiff

May 8, 2016 | by Nassiri Law

A former division chief for the San Bernadino Fire Protection District has been awarded more than $700,000 by a jury in California after successfully arguing he was the victim of age discrimination.

Jurors determined age with the “substantial motivating reason” behind the termination of the then-58-year-old fire official. Now 62, he’s been awarded $544,000 in lost wages and benefits and $160,000 in future lost wages.

He’d been working at the department for eight years at the time of his termination. He now serves as chief of the Running Springs Fire Department. Continue Reading ›

Adams v. CDM Media USA – Age Discrimination Lawsuit to Proceed

March 12, 2015 | by Nassiri Law

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.

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.

Report: Age Discrimination Rampant in NYC

October 21, 2013 | by Nassiri Law

A new report by the AARP indicates that many New Yorkers over the age of 50 feel that age discrimination is rampant in the Big Apple.

According to the survey, more than 45 percent of workers over the age of 50 said that they were concerned about age discrimination at work. More than a quarter answered affirmatively when asked whether they had been denied a job opportunity because of their age. Nearly as many said they believed they had been fired, laid off or forced to retire from a job because of their age. Just as many said they had to suffer rude and discriminatory comments regarding their age from co-workers and even bosses.

Our California age discrimination lawyers know that we’re kidding ourselves if we think New York is the only place it’s happening.

Age Discrimination Case Heard by U.S. Supreme Court

October 15, 2013 | by Nassiri Law

The U.S. Supreme Court recently heard oral arguments in an age discrimination lawsuit brought by a former district attorney from Illinois.

The high court was asked to determine whether the Age Discrimination Employment Act is the only remedy through which individuals may seek recourse for discrimination on the basis of age.

However, our Costa Mesa age discrimination attorneys understand that the case of Madigan v. Levin may not even get that far, as the justices appeared to focus less on the merits of the case and more on whether it was one they should be deciding at all.

California Age Discrimination Lawsuit Filed Against Local Government

October 8, 2013 | by Nassiri Law

If there was one thing you could say about the would-be worker, it’s that he’s been persistent. The 49-year-old, who has been trying to secure a job with the city of Burbank for four years now, has applied for a total of 11 positions.

So far, he’s reportedly been turned down for nine of those, while his applications for the two other posts are pending.

In a recent California age discrimination lawsuit, the 49-year-old applicant claims he has been turned down because of his age.

California Age Discrimination Lawsuit Filed by Former Reporter

October 3, 2013 | by Nassiri Law

In the field of visual journalism, there is no question that appearance matters and image is important.

But there was once a time when a reporter’s older age was viewed as a highly-valued trait, something that offered an air of credibility to the broadcast. Think Walter Cronkite or Helen Thomas.

However, a recent Southern California age discrimination lawsuit reveals that, unfortunately, that stance might well have shifted within the industry, or at least in portions of it.