age discrimination lawyer

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 ›

L.A. Employment Lawyer Talks Ageism, COVID-19 and the Rights of Older Workers

September 4, 2020 | by Nassiri Law

One increasingly common side effect of the COVID-19 is a virulent uptick in ageism. As a longtime L.A. employment lawyer, I’ve noted an uptick in ageist attitudes in the social media sphere that is undoubtedly pervading workplaces as well.

Research published in the journal Age and Ageing found that older people were misrepresented and undervalued in the public discourse surrounding the pandemic, and that some policies that may have purported to be “protective” of older populations were in fact patronizing and possibly illegal.

The risk of serious coronavirus complications statistically increases with age, per the CDC. This may have prompted some employers to engage in age discrimination against older workers and prospective employees. Continue Reading ›

California Age Discrimination a Problem From the Time Employer Learns of Age

January 13, 2020 | by Nassiri Law

A new study found that job discrimination began for over-40 applicants as soon as their age became known by the employer.

The analysis, conducted by economists for the National Bureau of Economic Research in San Francisco, indicated that when workers applied in person for a position, they were “substantially” less likely to land that job than those who applied online. Researchers theorized the reason was the online applications didn’t ask job candidates for their age, and thus that information didn’t become apparent until the hiring entity has already had time to give at least initial consideration to candidates on the basis of their skills.

Ultimately, older workers in both scenarios still face age discrimination. However, at least a candidate who makes it to the interview stage has had an opportunity to highlight their desirability has an employee without age as a factor. And as our Los Angeles age discrimination lawyers point out, candidates who make it to the later stages of the interview process and are then denied may have an easier time proving discriminatory hiring practices. Continue Reading ›

SAG-AFTRA Fights to Revive Blocked California Age Discrimination Law

September 9, 2019 | by Nassiri Law

The American labor union representing some 160,000 television and film actors, radio personalities, journalists, singers and others is arguing a 2017 California age discrimination law that censors celebrity ages online should be reinstated. The law was struck down as unconstitutional by the U.S. Court of Appeals for the Ninth Circuit on First Amendment grounds.

The goal of AB 1687 was to crack down on rampant age discrimination in youth-oriented Hollywood, but the effect has been the ages and birthdays of famous actresses and actors can be removed from online entertainment employment services sites like IMDb.com, at the entertainers’ request.

Los Angeles age discrimination lawyers understand that SAG-AFTRA’s argument to have it reinstated was met with a great deal of skepticism from the appellate court justices.

Both Overinclusive and Underinclusive?

IMDb, wildly popular with 250 million unique visitors monthly, was created in the early 1990s, with its website launched in 1996. The law had forced the company to remove actors’ ages if they were subscribers to the site’s premium service and asked them to do so. Continue Reading ›

Age Discrimination Attorney Analysis – The Damage of Lesser Damages

May 20, 2019 | by Nassiri Law

Age discrimination claims are among the most prevalent in the workforce. Yet the amount of money awarded to plaintiffs in these claims is, on the whole, less than one can expect for those involving religious or gender discrimination cases.

The effect as noted by age discrimination lawyers and elder advocacy experts is that not only are individuals deprived of justice, but these claims fail to serve as the deterrent the way lawmakers intended.

What Makes Workplace Age Discrimination Different?

A few different factors at play here: Continue Reading ›

Age Discrimination Alleged by Former IBM Workers

March 27, 2019 | by Nassiri Law

The technology sector has been noted for its extensive examples of alleged California age discrimination complaints, particularly in Silicon Valley, home to some the tech industry’s high rollers. IBM is a firm that has repeatedly been accused of unlawfully discriminating against employees on the basis of age.

Four former employees of the company allege top executives at the firm were calculated in violating the law during a round of layoffs that specifically targeted older workers. It sounds outrageous, but as our Los Angeles age discrimination attorneys know, these are just four of an estimated 20,000 workers over the age of 40 who have been discharged the last six years.

The workers say the company violated federal laws like the Age Discrimination in Employment and the Older Workers Benefit Protection Act (OWBPA) in trying to alter the makeup of the company’s senior administration roles by replacing the majority of baby boomers at the helm with younger workers and recent college graduates perceived as more tech-savvy. Continue Reading ›

Age Discrimination Alleged by Employees of Info Tech Firm

October 1, 2018 | by Nassiri Law

There is an unfortunate stereotype perpetuated in the technology sector that older workers can’t be effective with newer tech. That the younger employees the fresher the ideas and the greater opportunities for the firm to thrive.

Such sentiments have been revealed time and again in California age discrimination lawsuits against tech companies in Silicon Valley.

The latest class action age discrimination lawsuit is against technology firm IBM, filed on behalf of three former employees in North Carolina and Georgia, filed in a federal court in New York. Plaintiffs – all between the ages of 55 and 67 – allege the company systematically discriminated against older workers by laying them off disproportionate to the younger employees and also by declining to hire them for other positions that were open in the company. One of the workers had been employed at the firm for 15 years, while the other two had worked for the company more than three decades. Continue Reading ›

California Age Discrimination Lawsuit Alleges Unfair Layoffs

August 21, 2018 | by Nassiri Law

A California age discrimination lawsuit filed by four women laid off after decades of working for a job placement center say they were treated unfairly due to their age.

While the company attributed layoffs last year to budget constraints, the women – all over 40 – said they were all in upper managerial roles at the firm when the layoffs occurred, followed shortly thereafter by hiring younger replacements. Those employees who remained after the layoffs were then given raises of 10 percent. NBC-4 Los Angeles reported in one case, a younger woman with less experience than one of plaintiffs became a supervisor. Another alleged the director asked if she would be retiring anytime soon. One said she felt pressured to return to work early from her medical leave (during which she was undergoing chemotherapy treatments), indicating at one point, because it didn’t seem her supervisors believed the severity of the situation, that she felt compelled to open her shirt and show her scars to her supervisors.

The case is further complicated because the company contracts with Los Angeles County (specifically the Department of Workforce Development, Aging and Community) and receives local, state and federal funds to to provide workforce services to youth, adults and seniors. The County is not named as a defendant in the California age discrimination lawsuit. Plaintiffs say they not only want to be compensated for their losses, but to protect current employees from facing the same fate in the future. Continue Reading ›

Investigation Reveals Age Discrimination in Job Ads on Facebook

January 10, 2018 | by Nassiri Law

It may be a brave new world when it comes to technology and communications, but some companies might be up to the same old tricks when it comes to age discrimination.

According to an investigation by ProPublica and The New York Times, dozens of top U.S. employers have been restricting the age group that can see recruitment ads posted on Facebook. These employers include business giants Verizon, Target, Goldman Sachs, Amazon, UPS, State Farm, and even Facebook.

These ads have spurred a class-action complaint recently filed in the United States District Court for the Northern District of California on behalf of the Communications Workers of America. Also included in the plaintiffs are all Facebook users 40 years of age and older, who might have lost job opportunities due to advertising restrictions based on age.

Facebook allows options to target specific demographics so advertisements can reach the most relevant audience possible. Filters include location, interests, sex, and age. Ads cost more the broader the audience and the more people they reach, so it benefits an advertiser to find a very specific niche.

This is fantastic for a retailer selling men’s tennis shoes or a community promoting a local seniors’ retreat. But it might spell big trouble for employers who use these restrictions to limit the age of the audience that can see job ads posted on the platform. Continue Reading ›

New Age Discrimination Lawsuits Continue to be Filed Against California Tech Firm

December 10, 2017 | by Nassiri Law

Yet another California age discrimination lawsuit has been filed against tech company Hewlett Packard, which has been the subject of ongoing allegations of favoritism toward younger employees.

The 55-year-old plaintiff in the latest case worked for the firm for more almost 40 years, most recently as a research and development buyer. He asserts the company targeted older workers – including himself – in a 2012 layoff. After filing a complaint with the California Department of Fair Employment and Housing, the government gave him permission to sue (which is a mandated step in the process). He is now seeking class action status.

The San Diego Tribune reports the DFEH has been in receipt of nearly three dozen age discrimination complaints made against this same company since mid-2012. Two dozen of those complainants were given the green light to file an employment lawsuit. More than half a dozen were dismissed or withdrawn and one was deemed outside the department’s jurisdiction. In a USA Today in-depth analysis on age discrimination complaints the DFEH in California, Hewlett Packard ranked No. 1 among Silicon Valley firms. Others included Cisco Systems, Apple, Google, Oracle and Genetech. Other companies like Yahoo, Facebook, Twitter, LinkedIn, Intel and Tesla Motors also made the list. The majority of those complaints alleged wrongful termination, while some did allege age discrimination in the course of hiring and promotion. Continue Reading ›