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Saturday, December 30, 2017

Older Workers Fight for Their Right to Work in Behemoth Class Action Lawsuit

Finally, the issue of discrimination against older persons seeking work, those who cannot even submit a job application because they are deliberately shut-out of learning about the open positions because of their age, is garnering some national attention. I have successfully represented numerous age discrimination plaintiffs, female and male, who were employees in the private and public sectors, from cafeteria workers to professionals, and was successful in obtaining six figure settlements for them.

On December 20, 2017, a class action lawsuit on behalf of older workers was filed by the Communications Workers of America (CWA) against hundreds of large employers including Amazon.com, Inc., T-Mobile US, and Cox Communications and Media Group. In this behemoth class action lawsuit, the Plaintiffs allege that these large employers and agencies are unlawfully discriminated against older persons, potential employees, by excluding them from receiving job advertisements recruiting new potential workers for open positions at their companies on the popular social media site, Facebook. The named defendants are large employment agencies and employer businesses in numerous industries including technology, staffing firms and agencies, entertainment, retail, real estate, and others.

While Facebook itself is not a named Defendant in this lawsuit, the lawsuit challenges the manner of Facebook's business practice of having paid advertisements that target certain categories of Facebook user profiles, to the exclusion of others who do not fit that target audience which is sought by its advertisers.

The suit alleges that Facebook's operating systems and data bases of the Facebook users' profiles are allegedly being used by the Defendant companies to withhold information regarding new job opportunities and recruitment advertising from older potential job applicants.

The CWA and workers allege that Facebook business model is a platform being illegally utilized by the defendants companies by facilitating exchanges between users under 40 or 50 (and in some cases, such as T-Mobile, targeting in a restrictive bracket of ages only 18 to 38) and the company advertisers who are looking for new recruits.

As reported in the Press Release issued by the Communications Workers of America, the suit alleges that "T-Mobile US strategically used Facebook ad placements to recruit applicants for its retail stores and other positions nationwide, stating in its employment Facebook ads that T-Mobile ‘wants to reach people ages 18 to 38.'”

The CWA alleges that other lead defendants in this lawsuit sent similar discriminatory advertisements, that Amazon sent employment ads to reach persons who are ages "22 to 40" and "ages 18 to 50," and and Cox Communications and Media Group sent employment ads to reach people "ages 20 to 45" and "ages 20 to 50."

In page 44 of the complaint filed in the United States District Court for the District of California, it charges that the recruitment and advertising practices of these business and employment agencies constitutes violations of federal, state, and local laws that prohibit age discrimination in employment advertising, recruiting, and hiring.

What You Can Do

If you believe that your employer may have used age as the determining factor as to who to promote, or who to keep and who to let go, it is important that you consult with an attorney who is experienced in age discrimination. I am an aggressive and compassionate employment law attorney who is experienced in representing older workers. I have successfully represented numerous age discrimination plaintiffs and am passionate about this issue.

If you believe that you are being subjected to such unlawful workplace discrimination, contact Hope A. Lang, Attorney at Law today for a free consultation.

Hope A. Lang, Attorney at Law serves clients throughout New Jersey, including Bergen, Middlesex, Essex, Hudson, Monmouth, Ocean, Union, Camden, Passaic, and Morris Counties with locations in Central, Western and Northern NJ to meet with clients.


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