DON’T BE COLD TO THE OLD! Google Settles Age Discrimination Case for $11 Million.
Federal age discrimination protections,
including the Age Discrimination in Employment Act of 1967 (ADEA), apply to companies with 20 or more on payroll. California’s workplace anti-discrimination law, the Fair Employment and Housing Act (FEHA), applies to employers with five or more on payroll. Both types of age-related discrimination laws only apply to persons age 40 or over.
In a federal class action lawsuit against Google,
named plaintiffs Robert Heath (age 60+) and Cheryl Fillekes (age 47) alleged that despite possessing highly pertinent qualifications and experience, Google engaged in an intentional, systematic pattern of discrimination against 227 applicants age 40-plus interviewing for technical engineering positions throughout the United States.
This case recently settled for $11 million,
with Google agreeing to train managers and employees on age-based bias; create an internal recruiting subcommittee to focus on age diversity; and ensure the company’s marketing efforts reflect age diversity.
• Do not restrict or prefer job candidates on the basis of any “protected class.”
• Periodically refresh or re-train job interviewers on acceptable and unacceptable employment inquiries.
• Never request age information from job applicants except where a certain age range or age limit is a legitimate “bona fide occupational qualification.”
• Include the phrase “An Equal Opportunity Employer” with all job listings.
• When including images with job postings, ensure they represent a diverse population.
• Use reference guides such as the Department of Fair Employment and Housing’s
Inquiries Sheet when conducting interviews.
• Consult with knowledgeable legal counsel for further assistance.
• Avoid Discriminatory Job Recruitment and Advertising (August, 2019)
• Interviews Gone Wild (October, 2018)
• Job Interview Errors to Avoid (April, 2018)
• Asking for Job Applicant Age is a No-No (August, 2017)
For further information,
please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
Our Rating is calculated using information the lawyer has included on
their profile in addition to the information we collect from state
bar associations and other organizations that license legal
professionals. Attorneys who claim their profiles and provide Avvo
with more information tend to have a higher rating than those who do
What determines Avvo Rating?Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.