California Employment Law Update

Tag Archives: age discrimination

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

Employee Could Proceed With Misclassification Claim, Though Wrongful Termination Claim Was Properly Rejected

Davis v. Farmers Ins. Exch., 245 Cal. App. 4th 1302 (2016) William A. Davis brought suit against Farmers, claiming he had been wrongfully classified as an independent contractor rather than an employee and asserting that he had been wrongfully terminated on the basis of his age. The trial court directed a verdict in Farmers’s favor … Continue Reading

March 2014 California Employment Law Notes

$150,000 Sexual Harassment Verdict And $680,000 Fee Award Affirmed Taylor v. Nabors Drilling USA, LP, 222 Cal. App. 4th 1228 (2014) Max Taylor worked as a floorhand on an oil rig where he alleged he was harassed by his supervisors who called him “queer,” “fagot [sic],” “homo,” and “gay porn star” and was subjected to … 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

TV Writers and Proskauer Client CAA Reach Preliminary Agreement to Settle

Creative Artists Agency (CAA) and representatives of a class of television writers today announced the settlement of a case alleging age discrimination in the representation of television writers. The case was the last of 23 separate class actions that were filed a decade ago by the writers against the major television networks, production studios, and … Continue Reading

Employer’s Anti-SLAPP Motion Was Properly Denied

Martin v. Inland Empire Utilities Agency, 198 Cal. App. 4th 611 (2011) Dean Martin, who worked as the executive manager of finance and administration of the municipal water district for the City of Chino, alleged retaliation, racial and age discrimination and harassment, defamation and constructive wrongful termination. In response, defendants filed a demurrer and an … Continue Reading

Sales Reps Could Proceed With Breach Of Contract And Age Discrimination Claims

McCaskey v. California State Auto. Ass’n, 189 Cal.App.4th 947 (2010) Charles Luke, Francis McCaskey and John Mellen filed this lawsuit against CSAA, alleging breach of contract and age discrimination. The contract claim was based on an alleged breach by CSAA of a promise to permit senior sales agents to continue in their employ under relaxed … 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

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

Unionized Employees Were Required To Arbitrate Age Discrimination Claims

14 Penn Plaza LLC v. Pyett, 556 U.S. 247, 129 S. Ct. 1456 (2009) Plaintiffs, members of the Service Employees International Union (the “SEIU”), filed a complaint with the EEOC alleging age discrimination under the Age Discrimination in Employment Act and, after receiving their right-to-sue letters, filed suit against their employer alleging age discrimination. In … Continue Reading

Court Commissioner May Proceed With Age Discrimination Claim

DeJung v. Superior Court, 169 Cal. App. 4th 533 (2008) Theodore DeJung, a former part-time commissioner of the Sonoma County Superior Court, filed a lawsuit alleging age discrimination after he was not selected to become a full-time commissioner. Before DeJung’s application was denied (in favor of a 43 year old), the Court’s presiding judge told him that … Continue Reading

Television Writers’ Privacy Objections Overruled In Age Class Action Against Studios, Networks And Talent Agencies

Alch v. Superior Court, 165 Cal. App. 4th 1412 (2008) In this ongoing putative class action filed by television writers alleging “industry-wide” age discrimination, the writers served subpoenas on the Writers Guild of America (“WGA”) and other third parties, seeking demographic information, including dates of birth, employment data such as writers’ employers, job titles, credits … 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

Television Station Did Not Discriminate Against Caucasian News Anchor

Hicks v. KNTV Television, Inc., 160 Cal. App. 4th 994 (2008) Bradford Hicks, a white man, was the 5:00 p.m. weeknight news anchor for KNTV. After KNTV chose not to renew Hicks’ contract, it selected an African-American man to fill the position Hicks had vacated. Hicks alleged race discrimination and wrongful termination, asserting that KNTV … Continue Reading

Employee’s Age Discrimination Lawsuit Can Proceed Against Google

Reid v. Google, Inc., 155 Cal. App. 4th 1342 (2007) Brian Reid, who was employed for fewer than two years as Google’s Director of Operations and its Director of Engineering, sued Google after his termination, alleging age and disability discrimination, intentional and negligent infliction of emotional distress and related claims. Reid was 54 years old … 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

Waiver Of Age Claims That Was Not “Knowing And Voluntary” Was Unenforceable

Syverson v. IBM, 2006 WL 2506421 (9th Cir. 2006) The former IBM employees in this class action challenged their purported waiver of claims arising under the federal Age Discrimination in Employment Act (ADEA) on the ground that the waiver, which was part of a severance agreement, was not “knowing and voluntary” within the meaning of … Continue Reading

Union Employee’s Discrimination, Public Policy Claims Were Not Preempted By Federal Labor Law

Smith v. IBEW, Local 11, 109 Cal. App. 4th 1637 (2003) Donald Smith was terminated from his job as a union organizer for Local 11 of the International Brotherhood of Electrical Workers (IBEW). Smith alleged that his employment was terminated in violation of the public policy against age and disability discrimination and in violation of the … Continue Reading
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