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GOOGLE “AGE DISCRIMINATION” AND YOU MAY GET GOOGLE INC., AS A SEARCH RESULT!

GOOGLE “AGE DISCRIMINATION” AND YOU MAY GET GOOGLE INC., AS A SEARCH RESULT!

A recent lawsuit filed against Google highlights that age discrimination, like all other forms of workplace discrimination, is a serious violation of the law that can potentially lead to significant economic consequences for employers. In Heath v. Google Inc., plaintiffs have  filed a motion to certify the case as a class action. The proposed class would include anyone who applied for an engineering position at Google  who is 40 years of age or older from August 2010 to the present and was denied a job employment. The two original plaintiffs, Robert Heath and Cheryl Fillekes, (both over 50), were interviewed by the tech giant and rejected for employment despite the fact that they possessed impressive qualifications including a Google recruiter referring to Heath as “a great candidate” and Filleke’s doctorate degree from the prestigious University of Chicago. The lawsuit is additionally citing data from the website Payscale, an online database that monitors compensation statistics, who alleges that the median age at Google is only 29.

Age discrimination in the hiring process occurs at an alarming rate throughout the United States. The Age Discrimination in Employment Act (ADEA) prohibits discrimination on the basis of age for employees who are aged 40 years and older (29 U.S. Code § 631). The ADEA mandates that it is unlawful for an employer to:

(1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age;

(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s age; or

(3) to reduce the wage rate of any employee in order to comply with this chapter.

(29 U.S. Code § 623).

If an employee (or potential employee) suspects that they have been discriminated against on the basis of age, it is important to consult with an attorney. Discrimination lawsuits require that the plaintiff provides evidence that indicates that the motive behind the alleged discrimination was based on age.Evidence regarding a company’s employment practices, the age demographics of its workforce and ageist remarks  can all  be utilized as evidence that discrimination has occurred. For example, an age discrimination lawsuit filed by Brian Reed against Google in 2004 evidence was presented that employees openly referred to him as “old fuddy duddy”.

Additionally, the ADEA also prohibits employers from retaliating against employees who oppose discriminatory practices or participate in a discrimination lawsuit (EEOC.gov).

As age discrimination exists in all types of workplaces across the country, it is vital for employees, both young and old, to speak out when they see or suspect that age discrimination is occurring. Federal and state law offer covered individuals the absolute right not to be subjected to discriminatory treatment because of their age. Employees who have concerns relating to age discrimination should contact an attorney in order to ascertain their rights and ,where appropriate defend their right to work.