California Employment Law Update

Category Archives: ADEA

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Actors’ Ages to Remain Available Online (At Least for Now)

A federal court has granted IMDb’s request for a preliminary injunction to allow the entertainment website to keep actors’ ages in their online profiles – despite the enactment of a statute in California prohibiting same. The lawsuit, IMDb.com, Inc. v. Becerra (Case No. 16-cv-06535-VC) was filed in response to the passage of A.B. 1687, which required … Continue Reading

CA Governor Signs Bill Allowing Actors to Delete Their Age from Online Profiles

On September 24, 2016, California Gov. Jerry Brown signed A.B. 1687 – a measure aimed at preventing age discrimination against film, television, and other professionals in the entertainment industry whose ages could be viewed by casting directors and other potential employers.  As a result of this bill, industry professionals whose profiles are listed on commercial … Continue Reading

Federal Court Has No Jurisdiction Over Title VII/ADEA Claims For Conduct That Occurred In The Netherlands

Ranza v. Nike, Inc., 2015 WL 4282986 (9th Cir. 2015) Loredana Ranza sued her former employer, Nike European Operations Netherlands, B.V. (“NEON”), and NEON’s parent company, Nike, Inc., which is headquartered in Oregon, in federal court in Oregon. All of the alleged discriminatory conduct (involving sex and age discrimination) occurred in the Netherlands. The district … Continue Reading

Minimal Allegations Were Sufficient To State Claim For Age Discrimination

Sheppard v. David Evans & Assoc., 694 F.3d 1045 (9th Cir. 2012) Kathryn Sheppard filed a brief, two-and-a-half page complaint in federal court alleging discrimination under the Age Discrimination in Employment Act (“ADEA”) and wrongful termination under Oregon state law. The district court dismissed Sheppard’s complaint with prejudice under FRCP 8(a)(2) after concluding she had … Continue Reading

EEOC Issues Final Rules on Age Discrimination Defense

On March 29, 2012, the Equal Employment Opportunity Commission ("EEOC") issued its final rule to amend its Age Discrimination in Employment Act ("ADEA") regulations concerning disparate-impact claims and the reasonable factors other than age ("RFOA") defense. … Continue Reading

Stroke Victim Could Proceed With Disability And Age Discrimination Claims

Sandell v. Taylor-Listug, Inc., 188 Cal. App. 4th 297 (2010) Robert Sandell began his employment as vice president of sales with Taylor-Listug in February 2004. Six months later, while on a six-month sabbatical from work, Sandell suffered a stroke (following a chiropractic adjustment). When Sandell returned to work in October, he was using a cane … Continue Reading

Plaintiff Must Prove That Age Was The “But-For” Cause Of Challenged Employment Action

Gross v. FBL Fin. Servs., Inc., 557 U.S. 167, 129 S. Ct. 2343 (2009) Jack Gross worked for FBL as a claims administration director until he was reassigned to the position of claims project coordinator. At the time of his reassignment, many of Gross’s job responsibilities were transferred to a newly created position (claims administration … Continue Reading

U.S. Supreme Court Holds Plaintiffs in Age Discrimination Suits to Higher Standard

In an important ruling that increases the burden on plaintiffs in cases under the federal Age Discrimination in Employment Act (ADEA), the United States Supreme Court held on June 18, 2009 that plaintiffs in age discrimination cases always bear the burden of proving that an adverse employment action would not have been taken against them … Continue Reading

Employer Bears Burden Of Showing Reasonableness Of Layoff Criteria In Age Discrimination Case

Meacham v. Knolls Atomic Power Lab., 554 U.S. 84, 128 S. Ct. 2395 (2008) When the United States government ordered Knolls (one of the contractors that maintains the nation’s fleet of nuclear-powered warships) to reduce its workforce, the company conducted an involuntary reduction in force, resulting in the layoff of 31 employees, 30 of whom … Continue Reading

Intake Questionnaire Filed With The EEOC Was A “Charge” Within The Meaning Of The ADEA

Federal Express Corp. v. Holowecki, 552 U.S. 389, 128 S. Ct. 1147 (2008) Patricia Kennedy submitted a “Form 283” (an intake questionnaire) and an accompanying affidavit to the EEOC before filing suit against Federal Express, alleging age discrimination under the Age Discrimination in Employment Act (“ADEA”). Federal Express moved to dismiss the lawsuit on the … Continue Reading

Customs Service Employee Was Retaliated Against, But Not Constructively Discharged

Poland v. Chertoff, 494 F.3d 1174 (9th Cir. 2007) James R. Poland, a former employee of the U.S. Customs Service, alleged age discrimination in violation of the ADEA, retaliation and constructive discharge resulting from his transfer to a new job in a new location. After a bench trial, the district court entered a $339,000 judgment in … Continue Reading
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