Momentum Builds in Google Age/Sex Discrimination Cases

dinasaurTwo new developments in the continuing legal saga of Google, Inc. a company that apparently thought it was too big to be held accountable.

U.S. District Judge Beth Labson Freeman ruled last month that  plaintiffs who filed an age discrimination collective action against Google can amend their complaint and add a new claim of disparate impact. This claim alleges Google has adopted seemingly neutral policy that disproportionately affects older workers. It could significantly broaden the potential for damages.

This blog complained that Google in  2014  made a public commitment to increase race and gender diversity in its workforce, and released workforce statistics relating to those characteristics. But Google was completely silent with respect to age and did not release age-related statistics. Apparently, it did not feel that age was an important diversity issue?

The case is Robert Heath v. Google Inc., 5:15-ev-01824 (4/22/2015).  It was filed in U.S. District Court of Northern California in San Jose, California.

Judge Mary Wiss of the California Superior Court in San Francisco  issued a ruling that paves the way for class action status in a lawsuit filed by three women in September alleging Google has a “sexist culture” and pays women less. She named the a “complex case,”  if the case is certified as a class action, it could include thousands of female employees across the state of California. The lawsuit follows an investigation by the U.S. Department of Labor (DOL) that found evidence of systemic pay discrimination in 2015 among the 21,000 employees at Google’s headquarters in Mountain View, California. Women earned less than men in nearly every job classification.

The case is Ellis v. Google Inc., CGC-17-561299, California Superior Court, San Francisco County.

Google has denied discriminating against both older workers and women.

 

 

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GOOGLE HIT WITH CLASS ACTION AGE DISCRIM. LAWSUIT

Silicon Valley has been an unapologetic apartheid state for young workers for years but this could be about to change.

A class action age discrimination lawsuit was filed against Google, Inc. on April 22 by software engineer Robert Heath who was interviewed but not hired for a position at Google in 2011 when he was 60-years-of-age. The lawsuit alleges Google has demonstrated a pattern and practice of violating the Age Discrimination in Employment and the California Fair Employment and Housing Act.

According to the lawsuit, Google’s workforce is “grossly disproportionate” with respect to age. The lawsuit asserts the median age of the 28,000 employees who worked for Google in 2013 was 29.  Meanwhile, the U.S. Department of Labor reports the median age for computer programmers in the United States is 42.8 and the median age for software developers is 40.6. According to the lawsuit, Google had 53,000 employees in 2014 and revenues of approximately $66 billion.

Google’s position with respect to age discrimination is completely inexplicable. The company last year made a public commitment to increase race and gender diversity in its workforce, and released workforce statistics relating to those characteristics. But Google was completely silent with respect to  age and did not release age-related statistics. It was as if Google’s position was that age is not a factor in workforce diversity.

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