Articles Posted in age discrimination

Five years ago, Jeff Gottlieb won the highly-coveted Pulitzer Prize while working as a reporter for the New York Times. Today, he is now preparing to face his former employer in court, alleging age discrimination following a years-long battle over the prize money. newspaper

His complaint, Gottlieb v. Los Angeles Times Communications LLC, was filed recently in Los Angeles Superior Court, and asserts a number of events that unfolded after his work on the corruption in Bell, California was published. That as in 2010, and he resigned from the paper in 2015. He won the Pulitzer in 2011.

The lawsuit alleges the newspaper essentially forced him to resign and that the paper’s editor and publisher frequently fired older employers with greater frequency than younger workers. The company also allegedly hired fewer workers older than 40 and employees on the younger end of the spectrum often were handed plum assignments and better benefits than their older counterparts.  Continue Reading ›

Two large technology companies are facing down age discrimination lawsuits, according to recent news reports. One has been filed by the Equal Employment Opportunity Commission (EEOC) and the other personally by a California man. businessmanwalking

The EEOC case has been filed in a federal court in San Francisco against tech giant Google, while the other is against Hewlett Packard in San Diego.

Age Discrimination in Employment Act of 1967 (ADEA) protects people who are over the age of 40 from employment discrimination on the basis of age. The law protects both applicants for jobs and current employees. It covers a host of actions, including:

  • Hiring
  • Firing
  • Promotions
  • Benefits
  • Layoffs
  • Compensation
  • Job Assignments
  • Training

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A California appellate court has upheld a $16 million verdict in favor of a former Staples manager who alleged wrongful termination based on age discrimination.oldwoman

In Nickel v. Staples, plaintiff was 64-years-old when he was fired in 2011 by the national chain. He alleged the termination was in violation of California’s Fair Employment and Housing Act (FEHA). A state court jury agreed, awarding $3 million in compensatory damages and $22.8 million in punitive damages (which was later reduced to $13 million by the judge).

Now, the California Court of Appeal, Second Appellate District, Division Three, has affirmed that verdict, over the protests of the defendant. Continue Reading ›

A one-time manager of a national truck manufacturing firm has been awarded $1.2 million by a jury in an age discrimination case. officeworkers

But his was just one of nearly a dozen employment lawsuits brought against Daimler Trucks North America over the last few years. Last September, two $1 million lawsuits filed were brought by two different African American woman who alleged they were subjected to racially hostile work conditions. They asserted they have been targeted by co-workers since the 1990s with racially insulting graffiti, language and even threats of violence. Chicken bones would be stuffed in their lockers and nooses displayed in work areas. On top of that, supervisors reportedly constantly questioned their work and made rude comments and filed groundless complaints.

Earlier in 2015, the company agreed to pay $2.4 million to settle complaints from six former workers who alleged they were the subject of homophobic and racist slurs, threats and Nazi graffiti. The following month, four current and former African American employees filed a $9.5 million lawsuits against the firm, alleging they were greeted with “Heil Hitler” salutes, nooses and general harassment at work. Then in April 2015, an engineer, 75 and born in Egypt, filed an employment lawsuit for $2 million, saying his supervisor often made fun of him and called him “bin Laden” in front of clients and co-workers. In July 2015, an Asian American data center manager, 40, filed a $250,000 lawsuit alleging he was mistreated due to both his age and race and that promotions were given to less qualified, younger white workers while he was passed over.  Continue Reading ›

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. oldwoman

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 ›

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 ›

The Age Discrimination in Employment Act forbids employers from discriminating against workers who are 40 or older. While this law should ensure that older workers have equal opportunity with younger employers, unfortunately it can be a “difficult law to enforce,” according to U.S. News and World Reportold-man-1436941

Many employees who are older report feeling as though they are passed over for job opportunities or promotions, and indicate that they believe employers are prejudiced against older workers. This has become an especially significant problem as technologies have advanced and as workers no longer stay with companies over the course of their whole careers but instead move around to different positions.

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In Hollywood, lawsuits related to age discrimination are very common. Directors, stuntmen, writers, and others who work behind-the-scenes may find themselves pushed out of their professions by employers who want to hire younger and cheaper workers. In Hollywood, however, like in all other industries, age discrimination is not legal. fat-old-man-1158237

While the movie and TV business is a relatively small industry, cases brought within this field tend to generate publicity and draw attention to the problem of age discrimination. One recent case reported on by Hollywood Reporter, for example, is a clear illustration of the types of alleged discriminatory behaviors which can prompt employees to file civil lawsuits against their employers. In this case, systemic discrimination was alleged.

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A former columnist for the Los Angeles Times has been pursuing a claim against the paper, seeking $10 million in damages since his termination in 2013. OC Register reported the columnist claims the paper fired him because of his medical leave, his age, and his disability. A Los Angeles age discrimination lawyer knows any one of those potential reasons for termination would be wrongful, as the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Family and Medical Leave Act could all apply to protect the columnist. typewriter-1240422

Case Against LA Times is Ongoing

The former columnist, T.J. Simers, is 62 and is now retired since he was terminated from the LA Times. He indicates he sustained a mini-stroke caused by complex migraine system prior to his termination. He had worked for the paper for more than two decades, prior to his medical issues. When he suffered the mini-stroke, he took several days off to recover prior to resuming his column writing. He believes this was a contributing reason for his termination.

In 2014, 20,588 complaints were made to the U.S. Equal Employment Opportunity Commission alleging age discrimination in the workplace. This was a significant increase in the number of complaints compared with the 17,837 complaints raised by workers a decade ago. Experienced Los Angeles age discrimination lawyers know ageism is a growing problem in the workplace as baby boomers age. In fact, a recent Reuters article indicates the problem of age discrimination is likely to get worse before it gets better. silence-1431926

Age Discrimination in the Workplace is a Concern for Older Workers

People are living longer and the population is aging, which is creating a perfect storm when it comes to the problem of age discrimination. Many people in the older generation do not have the money to retire and live off their nest egg for decades. As a result, people are trying to work longer.

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