age discrimination attorney

AARP Sues EEOC Over Worker Wellness Programs

December 11, 2016 | by Nassiri Law

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.

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 ›

Google Age Discrimination Lawsuit Approved as “Collective Action”

November 5, 2016 | by Nassiri Law

The California age discrimination lawsuit against tech-giant Google may soon grow exponentially. A federal judge in San Jose recently approved the case’s collective action status. That means certain software engineers over the age of 40 rejected for Google jobs following an in-person interview over the last two years are now able to join the lawsuit. That could mean thousands of additional plaintiffs will be eligible to join the action.

In an artful, 17-page opinion, Judge Beth Labson Freeman posed the question, “How does age factor into one’s Googleyness?” At the heart of the case, plaintiffs seek to expose Google’s hiring practice and larger corporate culture as one that puts a prime value on youth, and considers age a detriment (as opposed to an asset with the benefit of experience).

The age discrimination lawsuit was filed by two former job applicants who were both over 50 when they were turned down for positions at the firm. One woman, a programmer, was brought in for in-person interviews on four separate occasions, and rejected each time. The second plaintiff was interviewed by phone, but was not brought in for an in-person interview. Freeman imposed a limitation on the class of people to those who had an in-person interview. That still means thousands may potentially join this action. Continue Reading ›

Age Discrimination Cited in Apple Genius Bar Denying Work to Renowned Apple Software Engineer

September 22, 2016 | by Nassiri Law

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.

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.

Hollywood Age Discrimination Target of Bill

August 21, 2016 | by Nassiri Law

California age discrimination is the target of a new bill passed by the state Senate that would allow actors and actresses to keep secrete their ages from certain websites. In particular, the Internet Movie Database, which is frequently used by casting directors in both the television and film industry, has been cited by actresses and actors who have been turned down for roles on the basis of what they suspect is their age.

Sent. Bob Hertzberg (D-Van Nuys) is supporting the measure, AB 1687, by saying that older actors are often subject to age discrimination when they are seeking their next role. The bill is referred to as the Customer Records: Age Information: Commercial Online Entertainment Employment Service Providers. The bill was first introduced to the Assembly in April before being amended in May and then sent to the Senate, which has amended it twice, most recently Aug. 2, 2016. Now that the latest version has been passed by both the Assembly and the Senate, it now goes to the governor’s office for final approval – or veto.

Hertzberg cited the example of former “90210” actress Gabrielle Carteris, who was 29-years-old when she auditioned for the role of a 17-year-old girl. She landed the part, but the casting director said at the time, he didn’t know her age. If he had, he later said, he would never have given her the role. Hertzberg says this is a perfect example of how the easy accessibility of an actor’s age online can work against someone who is talented and otherwise qualified for the role. Continue Reading ›

Age Discrimination Alleged at Large Technology Firms

July 24, 2016 | by Nassiri Law

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.

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

Nickel v. Staples – $16M Age Discrimination Verdict Upheld by California Court

July 8, 2016 | by Nassiri Law

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.

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 ›

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 ›

California Age Discrimination Lawsuit Settles for $600k

February 11, 2016 | by Nassiri Law

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.

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 ›