Category: Age Discrimination

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Hightower Sued for Age Discrimination

Age discrimination wrongful termination lawyers - Helmer Friedman LLP.

Hightower Sued for Age Discrimination Wrongful Termination

Glenn E. Frank, a 69-year-old Massachusetts-based financial advisor, has found himself at the center of an intense legal battle against Hightower Holdings. Frank, who claims the firm made deliberate efforts to edge him out due to his age, has filed lawsuits alleging age discrimination and retaliation, demanding accountability from one of the wealth management industry’s largest firms. This controversial case shines a spotlight on age-related biases in corporate acquisitions and raises questions about workplace practices in financial services.

A Look at Glenn E. Frank’s Career

Frank began his career in 1997 and joined Lexington Wealth Management in 2010, a firm later acquired by Hightower in 2019. Bringing decades of experience and a loyal client base, Frank built a strong reputation as a trusted financial advisor. However, by 2016, he elected to shift to part-time work while maintaining the same responsibilities and title.

The trouble began after Hightower acquired Lexington. According to Frank, the acquisition set in motion a series of changes that left him sidelined. Frank alleges his role was reclassified, and his responsibilities were reduced without prior consultation. These changes ultimately left him struggling to maintain his connection with the clients he had fostered over the years.

Initial Lawsuit in Massachusetts

The drama unfolded publicly in August 2024, when Frank first filed a lawsuit in Suffolk County, Massachusetts. The complaint alleged that Hightower forced him to take a subordinate role by slashing his hours, cutting his pay in half, and heavily restricting his interaction with clients. Furthermore, Frank requested a temporary restraining order (TRO) to prevent the enforcement of restrictive non-solicitation agreements, which he argued were overly broad and would prevent him from maintaining relationships with lifelong clients.

Although the Massachusetts court initially granted the TRO, the lawsuit itself was dismissed in December 2024 due to jurisdictional grounds. The court ruled that such claims needed to be litigated in Illinois, the state where Hightower is headquartered.

New Lawsuit in Illinois

Undeterred, Frank refiled his lawsuit in Illinois federal court in early 2025. This new filing brought forth familiar allegations of age discrimination but also escalated the narrative by pointing to alleged retaliation by Hightower after his Massachusetts case was dismissed. Frank claims that just one week after the dismissal, he was terminated by the firm.

The Illinois lawsuit seeks remedies including the reinstatement of the TRO, back pay for lost wages, attorneys’ fees, damages for emotional distress, and punitive damages. Additionally, Frank has requested reinstatement to his prior role and responsibilities.

The Crux of Frank’s Allegations

Frank’s allegations unravel troubling details about his experience at Lexington and Hightower. Some of his chief grievances include:

  • Role Reclassification

Frank claims his title was abruptly changed to “member emeritus,” eroding his client-facing responsibilities and authority.

  • Portrayed as Absent

According to the lawsuit, Hightower informed clients that Frank was frequently unavailable or vacationing, effectively discouraging interactions.

  • Shift of Clients to Junior Advisors

Clients were allegedly redirected to younger advisors without Frank’s knowledge, further marginalizing his position.

  • Retaliatory Investigation

After raising concerns about age discrimination internally, Frank was subjected to what he described as a retaliatory investigation. He was suspended and denied access to systems critical to his role before being reinstated under diminished duties.

Frank also contends that these actions were part of a broader plan to “phase out” older advisors and prioritize younger talent for the company’s long-term growth.

Hightower’s Response

When approached, a spokesperson for Hightower declined to comment, citing company policy to refrain from discussing pending litigation. Similarly, Frank’s legal team has chosen not to provide additional context beyond the contents of the legal filings.

Broader Legal Implications

This lawsuit carries significant legal and operational implications for the financial services industry. Here’s what it could mean for businesses and advisors:

  • Precedent for Post-Acquisition Treatment of Advisors

The case could set a precedent for how firms transitioning through acquisitions handle their older workforce, particularly advisors with long-standing client relationships.

  • Spotlight on Age Discrimination

By highlighting cases like Frank’s, the lawsuit underscores the growing need to address implicit and explicit age biases in the workplace. Older professionals bring immense value, and marginalizing them could be both ethically concerning and financially detrimental to firms.

  • Legal Risks for Firms

Companies may be prompted to review their employment policies, especially around transitions, reclassification of roles, and the handling of complaints, to avoid similar lawsuits.

  • Enforcement of Restrictive Agreements

The use of non-solicitation agreements in this case also raises questions about fairness, particularly for advisors who bring pre-existing client relationships into firms.

Could This Case Shape Future Policies?

Retaliation and discrimination claims, particularly involving high-profile firms like Hightower, serve as cautionary tales for organizations. If Frank’s allegations hold up in court, the verdict could pave the way for clearer, enforceable policies regarding role changes and how complaints should be handled. The case also emphasizes the importance of transparent communication between firms and their senior employees, as misunderstandings about role reassignments can quickly escalate into legal woes.

Looking Ahead at Compliance

For businesses, Frank’s lawsuit should inspire an audit of HR policies, particularly in areas concerning role transition during acquisitions and career longevity within firms. The financial industry must balance cultural and demographic shifts by fostering inclusivity, both for seasoned advisors and rising talents.

The legal battle between Glenn Frank and Hightower isn’t merely about one individual’s fight; it reflects systemic challenges within corporate cultures and industry practices. Whether this case concludes in settlement or courtroom victory, it highlights the urgency of addressing age discrimination in both policy and practice.

If you believe you have experienced age discrimination in your workplace, it is crucial to take action by consulting a highly qualified employment lawyer. These professionals specialize in navigating the complexities of employment law and can provide guidance on your rights, potential legal remedies, and the best course of action for your specific situation. Whether it involves providing advice, negotiating a resolution, or pursuing legal claims, an experienced attorney ensures that your case is approached with the expertise and sensitivity it requires.

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Physician Shortage & Age Discrimination in Medicine

Age discrimination lawyers Los Angeles, Helmer Friedman LLP.

The Physician Shortage and Age Discrimination in Medicine: A Crisis in Healthcare

The United States is on the brink of a healthcare crisis, with a projected physician shortage that will only worsen as the population grows and ages. At the same time, another issue that threatens to exacerbate this shortage but receives far less attention is age discrimination in medicine. Senior physicians often possess unparalleled expertise and experience, yet many are being pushed out of the workforce prematurely due to implicit or overt biases. To address the impending physician shortfall, the medical community must also confront the invisible force of ageism.

This blog explores the physician shortage, its root causes, and age discrimination’s destructive role in compounding the problem. We’ll also discuss actionable solutions to ensure the U.S. healthcare system remains resilient now and in the future.

The Physician Shortage in the U.S.

A recent Association of American Medical Colleges (AAMC) report reveals troubling statistics. By 2036, the U.S. could be short up to 86,000 physicians, including both primary care doctors and specialists. The demand for medical professionals is being driven by two primary factors:

  • An Aging Population: By 2036, the population of Americans aged 65+ is expected to grow by 34.1%, leading to increased healthcare needs. Older adults require significantly more medical care, placing immense pressure on an already overburdened system.
  • Unequal Access to Care: Rural and underserved areas face significant disparities. If these populations accessed care at the same rate as others, the U.S. would have required 202,800 additional physicians in 2021 alone, according to the AAMC report.

The shortage impacts more than just wait times for doctor appointments. It threatens the foundation of equitable healthcare, leaving millions without adequate access to critical medical services.

Age Discrimination in Medicine

While the physician shortage dominates headlines, ageism in medicine quietly worsens the crisis. According to an AMA study, nearly two-thirds of physicians aged 65 or older report experiencing ageism in their careers. Another 18.8% of senior physicians report being dismissed or treated as irrelevant solely because of their age.

How Ageism Manifests:

  • Loss of Responsibilities: 4.5% of senior physicians have had their job roles or duties revoked simply because of their age.
  • Pressure to Retire: 4.2% of senior doctors report feeling pressured by employers or patients to retire, even when fully competent and eager to continue practicing.
  • Assumptions of Cognitive Decline: Some teams assume older physicians are cognitively less capable, despite evidence to the contrary.
  • Preference for Younger Physicians: Senior doctors often find opportunities restricted or attributed to younger colleagues, despite their wealth of wisdom and institutional knowledge.

These recurring experiences underscore a systemic issue in the medical field that cannot go unaddressed.

Real Stories from Senior Physicians

One physician in the AMA study noted that younger colleagues ” consistently disregarded” their opinions. Over time, they realized the lack of respect was tied not to their expertise but to their age. Another physician recounted feeling that residents “did not respect their decisions” or value their contributions despite decades of experience.

These stories are far from isolated. Ageism against senior physicians is demoralizing and actively harms the healthcare system.

The Impact of Ageism on the Physician Workforce

Driving senior physicians out of the workforce prematurely has far-reaching consequences. Here’s how age discrimination amplifies the physician shortage:

  1. Loss of Expertise: With decades of accumulated knowledge and experience, senior physicians are invaluable for patient care and mentoring younger doctors. Their early exit leaves a void that is difficult to fill.
  2. Reduced Workforce Numbers: Forcing capable older physicians into retirement further diminishes an already strained workforce. The physician shortage is not merely about recruitment; retention is equally critical.
  3. Undermining Patient Care: Patients can benefit significantly from the expertise and emotional intelligence of senior physicians who’ve spent years perfecting their clinical judgment.

Consequences for Healthcare Delivery

Ageism doesn’t just harm physicians. It also poses a significant public health risk. Research shows that age discrimination correlates with declines in physical and mental health, from stress and anxiety to adverse outcomes caused by staffing shortages. When senior physicians are involuntarily retired or alienated, underserved communities suffer even more, as the remaining workforce struggles to meet demand.

Addressing Ageism in Medicine

There are no quick fixes to this complex issue, but solutions exist. Here’s what the medical field can do to combat ageism:

  1. Acknowledge the Problem: The AMA report emphasizes that the first step is recognizing that ageism is real and pervasive. Without awareness, systemic change isn’t possible.
  2. Policy Reforms: Revisiting policies that favor younger healthcare workers or dismiss competent senior physicians will create equity. For example, standardized evaluations rather than assumptions based on age can more fairly assess a physician’s capabilities.
  3. Inclusive Workplaces: Establishing age-friendly environments and encouraging multigenerational teams fosters collaboration and mutual respect. Organizations must also adopt zero-tolerance policies for age discrimination.
  4. Education and Advocacy: Adding ageism awareness to medical school and residency training can help change long-standing cultural biases.

Legislative Efforts to Combat Shortages

Expanding residency opportunities remains a critical policy challenge. Although the Resident Physician Shortage Reduction Act, which aimed to create 14,000 new residency positions over seven years, received bipartisan support in Congress, it was not passed. Increasing funding for graduate medical education (GME) remains a vital alternative to address physician shortages and ensure equitable opportunities for all physicians, regardless of age.

The Dual Solution: Tackling Both Shortages and Ageism

Addressing the physician shortage without tackling age discrimination is like patching a sinking ship without fixing the holes. Senior physicians aren’t just placeholders in the workforce; they’re indispensable assets. By fostering an inclusive, respectful environment that avoids biases tied to age, healthcare organizations can better retain skilled professionals and improve patient outcomes.

Hospitals, medical institutions, and advocacy groups all have a role in ensuring that physicians of all ages can thrive and provide quality healthcare for future generations.

Facing Ageism? Here’s Your Next Step

If you’re a senior physician or healthcare worker facing ageism or forced retirement, this isn’t an issue you must endure alone. Consulting an experienced discrimination attorney can help you understand your rights and explore your options.

Schedule a free consultation today to reclaim your voice in the workplace and continue making a difference in patients’ lives.

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$250,000 Settlement in Hostile Work Environment Lawsuit

Constitutional rights lawyers of Helmer Friedman LLP.

The former executive secretary to Superintendent Gerald Fitzhugh, a respected 30-year veteran of the Orange Board of Education, has bravely shared her troubling experience of enduring years of sexual, racial, and age-based harassment. Despite her long-standing dedication and significant expertise acquired while serving under 12 superintendents, she has found herself in a hostile work environment marked by discriminatory and demeaning behavior.

According to court filings, Fitzhugh allegedly made repeated inappropriate comments in her presence, often expressing his sexual preferences in vulgar and offensive ways. In one particularly distressing instance, he reportedly said he was “not sexually attracted to dark-skinned African Americans such as the plaintiff” and indicated a preference for specific acts “with light-skinned women.” Such remarks not only reflect a deep-seated prejudice but also exemplify the pain and isolation felt by those subjected to such treatment.

These actions violate crucial federal protections established to uphold the dignity and rights of all individuals. Title VII of the Civil Rights Act of 1964, for example, prohibits discrimination based on race, color, religion, sex, and national origin. Similarly, the Age Discrimination in Employment Act of 1967 is designed to protect employees aged 40 and older, while the Equal Pay Act of 1963 ensures fair treatment for everyone, regardless of their sex.

These laws emerged from the civil rights movement, a powerful journey that aimed to dismantle systemic injustices and promote equality. They not only advance social justice but also contribute to a healthier economy by fostering a diverse workforce that drives innovation and enhances the quality of life for everyone.

The Orange Board of Education will pay $250,000 to settle this hostile work environment lawsuit.

Employment lawyers play a vital role in advocating for these fundamental rights, ensuring that the hard-won progress of anti-discrimination laws is upheld. Their dedication to supporting victims and holding perpetrators accountable is essential in creating workplaces where individuals of all races, genders, ages, and backgrounds can feel safe, valued, and empowered. Their work not only protects the dignity of workers but also nurtures a thriving future for all of us.

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Disguise of Age Discrimination and Wrongful Termination

Disguising age discrimination, wrongful termination using fake performance reviews.

When Linda received the termination letter, its sterile language citing “performance issues” felt like a slap in the face after 25 years of unwavering loyalty to her company. Bewilderment quickly morphed into disbelief as she recalled the countless annual reviews, each more glowing than the last. “I had been praised for my contributions year after year,” the 61-year-old former marketing manager reflected, her voice tinged with heartbreak. “Yet, in an instant, I was told I was no longer meeting expectations.” It wasn’t until she inadvertently overheard a department manager discussing plans to “bring in fresh, young talent” that the unnerving truth began to crystallize—her dismissal was not rooted in performance but rather in age.

Linda’s experience is far from isolated. In a troubling trend sweeping through industries, employers have increasingly turned to exculpatory documentation—a sophisticated means of obscuring acts of unlawful age discrimination or masking wrongful termination practices. This disturbing shift not only infringes on employee rights but also raises significant legal and ethical dilemmas that organizations must confront head-on.

What Is Exculpatory Documentation?

Exculpatory documentation encompasses an array of paperwork or records that employers fabricate to rationalize potentially unlawful employment actions, such as terminations, shielding themselves from legal repercussions. This subterfuge could involve retroactive performance reviews, concocted infractions, or meticulously drafted memos designed to cast employees in a disparaging light. While these documents may appear legitimate at first glance, their true purpose often serves to construct a defensive fortress against potential lawsuits related to age discrimination or wrongful termination, particularly under legislation like the Age Discrimination in Employment Act (ADEA).

“The use of these tactics is deeply troubling,” says Greg Helmer, an employment law attorney specializing in wrongful termination cases. “Instead of fostering fair workplaces, companies are weaponizing documentation to insulate themselves while undermining employees’ legal protections against discrimination.”

How Employers Exploit Exculpatory Documentation to Target Older Employees

Despite the legal prohibitions against age discrimination, this insidious practice continues to thrive in workplaces across the nation. According to reports from the Equal Employment Opportunity Commission (EEOC), complaints related to age account for over 20% of all discrimination claims filed annually. The challenge lies in gathering the evidence necessary to substantiate claims of age discrimination, especially when employers intentionally create misleading records to justify their actions.

Here’s how this disturbing narrative often unfolds:

  • Sudden Decline in Performance Ratings

    After years of consistent commendation, older employees may suddenly find themselves the recipients of unfavorable performance reviews. Employers can inflate minor missteps or fabricate issues entirely, knowing these reviews will later serve as “evidence” if the employee dares to contest their termination in court.

  • The “Documentation Trail”

    Employers frequently construct extensive paper trails detailing alleged infractions—instances of tardiness, miscommunication, or missed deadlines are documented with an alarming selectivity. These notes often exaggerate trivial mistakes or omit crucial context, painting older employees as incompetent or unqualified for their roles.

  • Silent Preferences for a Younger Workforce

    Behind closed doors, age discrimination often masquerades as “strategic shifts” meant to modernize or rejuvenate the company. However, what is often veiled as “progress” frequently acts as a thinly disguised campaign to target older employees through methods designed to slip beneath the radar of scrutiny.

How Exculpatory Practices Disguise Wrongful Termination

Rather than cultivating equitable workplaces, companies are weaponizing documentation to protect themselves while systematically undermining employees’ legal safeguards against discrimination.

Proving wrongful termination requires compelling evidence that a firing was unlawful. However, when exculpatory documentation is meticulously crafted, employers can manipulate the narrative to convince observers their decisions stand on solid ground. This calculated obfuscation undermines the allegations of age discrimination and shifts the burden of proof onto the terminated employee. “It complicates cases significantly because, in court, the burden often rests heavily on the employee’s shoulders,” explains employment lawyer Andrew H. Friedman.

 

The implications of such practices extend far beyond individual employees to the workplace at large:

  • Workplace Fear and Distrust

    Colleagues who witness unjust terminations may feel an overwhelming sense of fear, hesitant to speak out against systemic discriminatory practices, thus fostering an insidious culture of silence.

  • Erosion of Organizational Morale

    The chilling ramifications of wrongful terminations reverberate through the workforce, eroding morale and instilling feelings of vulnerability, particularly among older staff members who may fear for their own job security.

 

In this landscape, the battle against age discrimination remains perilous, necessitating vigilance and advocacy to protect the rights of those who have dedicated years to their professions.

It wasn’t until she inadvertently overheard a department manager discussing plans to “bring in fresh, young talent” that the unnerving truth began to crystallize—her dismissal was not rooted in performance but rather in age.

How Can Employees Protect Themselves?

Navigating the murky waters of exculpatory documentation is no easy feat, but there are steps employees can take to protect themselves.

  1. Request Written Records

    If you notice sudden changes to your performance reviews or shift assignments, request formal documentation outlining specific concerns and expectations. Often, companies will hesitate to put unfounded claims into writing.

  2. Keep Your Own Records

    Maintain personal files of performance reviews, emails, and written commendations. These documents can serve as vital evidence if discrepancies occur in the employer’s narrative during litigation.

  3. Challenge Unfair Documentation Immediately

    Address dubious claims head-on by discussing them with HR or your direct supervisor in writing. Document your objections and ensure you keep copies of all interactions.

  4. Seek Legal Counsel Early

    If you suspect age discrimination or retaliation, consulting with an employment lawyer experienced in handling wrongful termination claims is crucial. They can advise you on the strength of your case and guide you through the complexities of employment law.

Holding Employers Accountable

Organizations need to understand that subtle age discrimination and wrongful termination practices are not only unethical but often illegal under U.S. labor laws. Misusing documentation is a short-sighted solution that will ultimately harm businesses through potential lawsuits, reputational damage, and the loss of talent.

“As long as companies use exculpatory methods you’re going to see more lawsuits than they anticipate,” warns employment lawyer. “No document—fabricated or not—will gloss over the sheer unfairness of systemic workplace discrimination.”

Know Your Rights

Employees have the right to be treated fairly and judged solely on their performance—not their age or any demographic factors that reflect bias. Whether you’ve been subjected to suspicious performance reviews or suspect age discrimination in your firing, employment laws are in place to safeguard against these injustices.

Have questions about your rights or wrongful termination? Reach out for expert guidance to determine your next steps. You deserve to work in an environment that values your contributions regardless of your age.

Don’t allow exculpatory practices to rewrite your story. Stay informed, stand your ground, and, when in doubt, seek legal counsel to ensure justice is served.

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What Happens to Harassment Claims After a Business Is Acquired?

Celebrating a victory for justice.

What Happens to Discrimination and Harassment Claims When a Business Is Bought by a Larger Company?

Workplace harassment and discrimination are pervasive issues that affect millions of employees worldwide each year. From inappropriate comments and unfair treatment to deeply entrenched systems of bias, these experiences can leave employees feeling powerless and isolated. When a small business—your workplace—gets acquired by a larger company, questions often arise about what happens to ongoing or unresolved discrimination and harassment claims.

Do these claims disappear? Will the new company hold the previous owners accountable? Can victims expect their concerns to be addressed under a new management team? This blog explores the impact of corporate acquisitions on employee rights, providing clarity and actionable advice for navigating this complex scenario.

Workplace Acquisitions and Their Impact on Employees

Corporate acquisitions, where a larger company buys and takes over a smaller business, are commonplace in today’s business landscape. They often bring drastic changes for employees—from transitions in company culture to restructuring of roles and policies. While these mergers are marketed as growth opportunities for the business, employees may find themselves grappling with uncertainty and upheaval.

For employees who have filed discrimination or harassment claims prior to the acquisition, this uncertainty can turn into fear. Questions abound—is the new management obligated to honor pending claims? Will there be retaliation? Or will such complaints be swept under the rug, citing “corporate restructuring”?

An acquisition often leads to significant changes in Human Resources (HR) systems, policies, and responsible personnel. At times, it feels like the slate has been wiped clean for the incoming organization. However, this doesn’t mean previous claims are invalid—it’s a matter of understanding your legal protections and the process of maintaining accountability.

Legal Rights and Protections for Employees

Employees are protected by federal and state employment laws against harassment and discrimination under regulations such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). These laws make it illegal for employers to discriminate against employees based on race, gender, age, disability, religion, and other protected categories.

When a business is acquired, these protections do not disappear:

  1. Successor Liability:

Many jurisdictions enforce “successor liability,” meaning the larger company acquiring the smaller business inherits the legal responsibility for claims filed at the original organization. Employees should understand that their rights don’t evaporate just because ownership has changed hands.

  1. Pending Claims:

If a claim has already been filed with an external agency—such as the EEOC (Equal Employment Opportunity Commission)—the new owner is legally compelled to address it.

  1. New Policies:

While the new owners may implement new anti-harassment and anti-discrimination policies, this doesn’t absolve them of addressing past grievances under the prior management.

One critical point for employees to note is that the details of an acquisition agreement might stipulate whether discrimination claims are handled by the acquiring company or remain the responsibility of the previous owners. Understanding these provisions in the agreement is vital.

What Employees Can Do to Protect Their Rights

Filing or continuing a harassment or discrimination claim during a corporate acquisition can be intimidating. However, there are steps employees can take to ensure their rights are protected and their voices are heard amidst the upheaval:

  1. Document Everything:

Maintain records of incidents, including dates, times, witnesses, and specifics of any harassment or discrimination you’ve experienced. Documentation becomes even more crucial during an acquisition to preserve the context and details of your claim.

  1. Retain Claim Records:

If you’ve already filed a claim, make sure you have copies of all documentation, including communication with HR, legal filings, and correspondence with external agencies like the EEOC.

  1. Seek Legal Advice:

Consulting an employment attorney can help clarify how claims are addressed during acquisitions in your state. A lawyer can provide insights specific to your case and advocate for your rights if retaliation or dismissal occurs.

  1. Monitor New Policies:

Pay close attention to new codes of conduct and employee policies introduced by the acquiring company. If unclear, ask for explicit clarification on how prior complaints will be handled under these new guidelines.

  1. Continue Reporting:

If the inappropriate behavior persists, don’t hesitate to voice concerns to the new HR team. Just because the ownership or reporting structure changes doesn’t mean the behavior should be tolerated.

Remember, laws are designed to offer robust protection, but you may need to be proactive about ensuring they are enforced.

Real-Life Case Studies

Case Study 1: Accountability in the Workplace

In 2017, a teenage employee at Elite Wireless endured repeated sexual harassment from a sales manager, including unwelcome advances and requests for sex. The situation worsened when the sales manager sexually assaulted her during a holiday party. Despite the employee filing reports and a criminal complaint, Elite Wireless failed to take action, allowing the manager to continue working alongside her. In 2019, Wireless World acquired Elite Wireless and, according to the EEOC’s charges, became liable for the company’s failure to address these serious allegations. This case highlights the critical need for swift and decisive responses to workplace harassment to protect employees and promote accountability.

Case Study 2: Discrimination and Corporate Bias

Mr. Sizar joined Hatch Mott MacDonald (a predecessor to The Mott MacDonald) in 2013 and advanced through the corporate ranks, consistently earning praise for his strong performance through glowing reviews and evaluations. Despite his success, he observed a troubling pattern of bias within the organization, where younger white males were favored over more qualified non-white, female, and older employees.

For example, his supervisor, Daniel Tempelis, terminated two senior staff members in their early sixties—one of Chinese descent and the other of Asian Indian heritage—and replaced them with younger, less experienced white males. Mr. Sizar also reported that numerous other non-white and older employees were similarly dismissed and replaced by less qualified, younger white males.

This case underscores the pervasive issue of systemic discrimination in the workplace. It serves as a powerful reminder of the importance of fostering equity, addressing bias, and holding organizations accountable for the fair treatment of all employees.

What This Means for You

Discrimination and harassment should never be overlooked, whether under your current employer or a new corporate owner. If your workplace is undergoing changes due to an acquisition, remember that federal and state laws exist to protect you. Don’t hesitate to consult professionals, document your experiences thoroughly, and speak up if necessary.

Acquisitions might bring a storm of change, but your rights form the anchor. Stay informed, proactive, and engaged in ensuring your voice is heard.

Are you currently dealing with workplace harassment or discrimination during a corporate acquisition? Seek legal advice to protect your rights and review your options. The right support could make all the difference.

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Workplace Age Discrimination – Shadows of Bias

Age Discrimination lawyers in Los Angeles safeguard your rights to a workplace free from age discrimination.

Age discrimination, often lurking in the shadows of our professional environments, affects many seasoned professionals and job seekers. While its presence is sometimes subtle, its impact can be profound, leading to missed opportunities and perpetuating harmful stereotypes. This article explores how to recognize age discrimination, its legal implications, and effective strategies to combat it. Whether you’re an experienced professional or a job seeker facing age-related biases, this guide aims to empower you with knowledge and practical advice.

Understanding Age Discrimination

Ageism in the workplace refers to prejudices or discriminative practices based on an individual’s age, often targeting those perceived as “too old” for certain roles. This bias not only undermines the talent and wisdom of older professionals but also threatens the diversity and inclusivity of workplaces. For job seekers and senior employees, age discrimination can manifest as biased hiring practices, limited career advancement opportunities, or unjust terminations.

This type of discrimination goes beyond personal prejudice, affecting the morale and productivity of teams. It creates an environment where talent is overlooked and experience is undervalued. Recognizing ageism’s detrimental effects, industries must foster inclusive cultures where age diversity is celebrated and leveraged for innovation and growth.

Signs of Age Discrimination

Identifying age discrimination can be challenging, as it often masquerades as benign workplace behaviors. However, several indicators can signal its presence. One common sign includes exclusion from projects or meetings that could enhance an employee’s visibility and career growth. Additionally, older employees might be passed over for promotions or subjected to unjust performance reviews despite consistent work quality.

Another telling sign is the language used in job postings or internal communications. Phrases like “energetic team,” “digital native,” or “young and dynamic” subtly hint at age preferences, discouraging older applicants from applying. If you notice a pattern of younger employees being favored for opportunities despite qualifications, it’s crucial to address these concerns promptly.

Legal Framework Protecting Against Age Discrimination

Thankfully, various laws and regulations are designed to protect individuals from age discrimination in the workplace. In the United States, the Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees 40 years and older. This law covers hiring, promotions, layoffs, compensation, and other terms and conditions of employment.

Understanding these legal protections is vital for employees and job seekers alike. Familiarity with your rights ensures you can identify when they are violated and seek appropriate recourse. If you suspect age discrimination, documenting incidents and seeking legal counsel can strengthen your case and hold discriminatory practices accountable.

Strategies to Combat Age Discrimination

Combating age discrimination requires proactive strategies for job seekers and employees. Firstly, updating your skills and staying current with industry trends can counteract age-related stereotypes about adaptability and technological proficiency. Continuous learning enhances your expertise and demonstrates your commitment to personal and professional growth.

Networking is another powerful tool. Building relationships within your industry can open doors to opportunities and provide support when facing bias. As a mentor and mentee, engaging in mentorship programs can showcase the value of age diversity and foster intergenerational collaboration.

If you experience age discrimination, addressing it through open dialogue with employers or HR may help resolve misunderstandings. However, if the issue persists, seeking legal advice and formally documenting incidents can be crucial in advocating for your rights.

Case Study 1: Eli Lilly’s “Early Career” Program

Pharmaceutical giant Eli Lilly faced significant legal repercussions in a notable age discrimination case. The company settled a $2.4 million lawsuit after allegations surfaced regarding its “Early Career” hiring program. This initiative was accused of disadvantaging older applicants, highlighting systemic biases that permeate even well-established organizations. The case underscored the importance of scrutinizing hiring policies to ensure they align with anti-discrimination laws and promote equal opportunities for all candidates.

Case Study 2: The Story of Abbas Sizar

The story of Abbas Sizar provides a poignant illustration of ageism intersecting with racial and health-related biases. Mr. Sizar, a non-white older man, faced age discrimination and harassment by his supervisor at Mott MacDonald Holdings. Despite receiving positive reviews, he encountered hostile treatment after returning from medical leave. Inappropriate questions about his health and retirement plans were coupled with preferential treatment toward younger, white male employees. This case emphasizes the complexity of discrimination, where multiple biases can compound and exacerbate the challenges faced by marginalized individuals.

Conclusion

Age discrimination remains a persistent challenge in today’s workforce, affecting both job seekers and experienced professionals. Recognizing the signs, understanding legal protections, and implementing proactive strategies are essential steps in combating ageism. By fostering inclusive workplaces that value age diversity, organizations can tap into the wealth of knowledge and experience that older employees bring.

Creating an environment where everyone feels valued and empowered, regardless of age, is not just a legal requirement—it’s a business imperative. Let’s work together to dismantle age-based biases and build workplaces that champion equality and respect for all.

References and Additional Resources

Explore these resources to deepen your understanding and take action against age discrimination.

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High Tech, Low Inclusion: The EEOC Report on Diversity in the Tech Sector

New Whistleblower Program administered by the DOJ.

The high-tech sector, known for spearheading advancements in science and technology, seems to be lagging when it comes to inclusion and diversity. A report recently published by the U.S. Equal Employment Opportunity Commission (EEOC) titled “High Tech, Low Inclusion: Diversity in the High Tech Workforce and Sector from 2014 – 2022” dissects the current state of diversity in this sector, offering a sobering insight into the extent of the problem.

Behind the Figures

The EEOC’s findings show a disturbing trend of underrepresentation for certain demographic groups in the high-tech sector. Women and Black workers, in particular, are being left behind. The figures reveal that despite being nearly half of the U.S. workforce, women make up only 22.6% of the high-tech workforce in all industries and a meager 4% in the high-tech sector. The representation of Black and Hispanic workers in the high-tech workforce has seen negligible progress over the years.

The Issue of Age Discrimination

The report also highlights age as a factor in employment discrimination within the high-tech sector. Interestingly, the high-tech workforce skews younger than the total U.S. workforce. In the high-tech world, over 40% of the workforce belongs to the 25-39 age group, compared to 33.1% in the overall workforce. Workers over 40 have seen their representation in the high-tech sector decrease from 55.9% to 52.1% from 2014 to 2022.

Moreover, the EEOC report notes that discrimination charges filed by tech professionals were more likely to involve issues of age, pay, and genetic information than those filed in other sectors.

The Call for Change

EEOC Chair, Charlotte A. Burrows, asserts that “America’s high tech sector, which leads the world in crafting technologies of the future, should not have a workforce that looks like the past.” The Commission is committed to identifying and resolving instances of discrimination that contribute to these disparities.

The EEOC report concludes with a call for employers in the high-tech sector to actively investigate and overcome barriers to employment. Proactive policies geared towards boosting inclusion are needed to ensure that everyone gets a fair shot at high-tech opportunities.

Were You Denied a Job In High Tech?

If you applied for a job in the high-tech sector and believe that you were discriminated against due to your age, race, gender, or ethnicity, it’s advisable to consult with an experienced employment attorney.

Discrimination is not just ethically wrong, it’s illegal. Your rights are protected under the Civil Rights Act of 1964 and other federal laws – laws that are in place to ensure everyone has equal opportunities in the job market. Don’t hesitate to stand up for your rights and seek legal counsel if you’ve been unfairly denied a job in the high-tech sector.

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Persistent Workplace Discrimination and Retaliation

Sexual harassment causes long term damage to the victims psyche.

Discrimination in the Workplace Persists

Discrimination in the workplace is an ugly truth that still prevails despite the numerous laws and regulations designed to combat it. Companies that engage in discriminatory practices harm not only the affected employees but also the overall workplace environment. What’s worse, many of these organizations resort to retaliation against those brave enough to speak out or investigate discrimination. This article aims to shed light on these issues, providing valuable insights and actionable steps for workplace equality advocates and HR professionals.

Understanding Workplace Discrimination

Workplace discrimination manifests in various forms, each with unique challenges and consequences. Understanding these types is crucial for addressing them effectively.

Gender Discrimination

Gender discrimination remains a significant issue in many workplaces. It includes unfair treatment based on one’s gender, which can lead to disparities in pay, promotions, and job opportunities. Statistics show that women, especially women of color, are more likely to experience workplace discrimination. For instance, according to a Pew Research Center study, 42% of working women in the U.S. have faced gender discrimination at work.

Racial Discrimination

Racial discrimination involves treating employees differently because of their race or ethnicity. This type of discrimination can severely impact an individual’s career progression and mental well-being. For example, a survey conducted by Glassdoor found that 61% of Black employees report experiencing or witnessing racial discrimination in the workplace.

Age Discrimination

Age discrimination typically affects older employees, who may be unfairly overlooked for promotions or forced into early retirement. The U.S. Equal Employment Opportunity Commission (EEOC) reported that in 2019, 21.4% of all discrimination charges filed were related to age.

The Reality of Retaliation

When employees report discrimination, they often face retaliation instead of support. This can take various forms, from demotion and job termination to subtle acts of intimidation, making it difficult for individuals to come forward.

Case Study 1: Pro Pallet

Pro Pallet, a Pennsylvania-based construction company, has been ordered to pay $50,000 to settle a lawsuit concerning discrimination and retaliation. The case arose when a human resources manager at Pro Pallet received a sexual harassment complaint against the company’s general manager. As she began investigating the matter, the president and owner of Pro Pallet reprimanded her for fulfilling her responsibilities, reallocated key job duties to other employees, and excluded her from company meetings.

Case Study 2: Hatzel & Buehler

In another case, Hatzel & Buehler, an electrical contractor, was mandated to pay $500,000 to settle an age discrimination lawsuit. The vice president of the New Jersey branch engaged in discriminatory recruiting and hiring practices by instructing recruiting firms to focus on younger candidates for project manager and estimator positions while outright refusing to hire older applicants who did not fit his preferred age range. The lawsuit also claimed that this vice president neglected to maintain records related to job applicants and hiring, violating federal law.

Case Study 3: Altman Specialty Plants

Altman Specialty Plants has been ordered to pay $172,000 to settle allegations of sexual harassment and retaliation. An investigation found that a supervisor at the company’s Austin, Texas, location subjected female employees to sexual harassment and maintained a sexually hostile work environment for an extended period.

Moreover, employees who reported the harassment faced retaliation, which created a chilling effect and rendered Altman’s Equal Employment Opportunity (EEO) policies and complaint procedures ineffective. Such conduct allegedly violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex, including sexual harassment, as well as retaliation for participating in protected activities.

The Impact on Employees

Discrimination and retaliation have far-reaching consequences for employees.

Emotional Toll

The emotional toll of discrimination can be devastating. Victims often experience anxiety, depression, and a sense of isolation. This emotional strain can affect every aspect of their lives, from personal relationships to overall mental health.

Financial Impact

Financial instability is another significant consequence. Victims of discrimination and retaliation may lose their jobs, face demotions, or be forced to take lower-paying positions. This financial strain can lead to long-term economic challenges.

Professional Damage

Professionally, discrimination and retaliation can derail careers. Skilled employees may find their career progression halted, and the stain of being “a troublemaker” can follow them to future job opportunities.

The Role of Advocates and HR Professionals

Advocates and HR professionals play a pivotal role in creating safer, more inclusive workplaces.

Support Systems

Establishing robust support systems is crucial. HR departments should have clear policies and procedures for reporting discrimination, ensuring that employees feel safe and supported.

Training and Education

Regular training and education programs can help prevent discrimination. These programs should focus on raising awareness about different types of discrimination and the importance of diversity and inclusion.

Open Communication

Encouraging open communication is essential. Employees should feel comfortable discussing their concerns without fear of retaliation. Regular surveys and anonymous reporting channels can help identify issues before they escalate.

Strategies for Change

Combatting discrimination and retaliation requires a concerted effort from both companies and employees.

Legal Obligations

Companies must understand and adhere to their legal obligations regarding discrimination. This includes complying with anti-discrimination laws and promptly addressing any complaints.

Ethical Responsibilities

Beyond legal obligations, companies have an ethical responsibility to foster a respectful and inclusive workplace. This involves creating a culture where diversity is celebrated and discrimination is not tolerated.

Actionable Steps

  1. Policy Development: Develop and regularly update anti-discrimination policies. Ensure these policies are clearly communicated to all employees.
  2. Training Programs: Implement regular training sessions on diversity, inclusion, and anti-discrimination practices.
  3. Support Systems: Establish strong support systems for victims of discrimination and ensure that they have access to necessary resources.

Conclusion

Workplace discrimination and retaliation are pervasive issues that require immediate attention. By understanding the different forms of discrimination, recognizing the reality of retaliation, and taking proactive steps, advocates and HR professionals can make significant strides toward creating more equitable work environments.

The responsibility to foster a safe and inclusive workplace does not rest solely on the shoulders of HR professionals and advocates. It requires a collective effort from all levels of the organization, from top management to individual employees. Together, we can break the silence, address these issues head-on, and pave the way for a future where everyone feels valued and respected.

Let’s continue this conversation. Share your experiences and strategies for overcoming discrimination and retaliation in the workplace. Your insights could be the catalyst for change in other organizations.

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Age Discrimination in the Workplace: Protecting Older Adults

Age discrimination is illegal, intentionally inflicts emotional distress. Contact the Age Discrimination Lawyers Helmer Friedman LLP for help.

In the modern workplace, diversity and inclusion have assumed paramount importance, and rightly so. As an HR professional, a mature employee, or a seasoned job seeker, it’s crucial to understand the laws and protections in place to combat ageism. With the rise in remote work and a concerted effort to create equitable work environments, age discrimination is more relevant than ever. Here, we explore how laws safeguard employees over 40, share significant age discrimination cases, and discuss the impact on mature workers and job seekers. We also provide strategies for HR professionals to prevent ageism and promote a more inclusive workforce.

Age Discrimination Laws: Know Your Rights

The ADEA in Context: An Essential Guide

The Age Discrimination in Employment Act (ADEA) is a civil rights law that protects workers and job applicants 40 or older from employment discrimination based on age. The ADEA applies to employers with 20 or more employees, labor organizations, employment agencies, and the federal government. It explicitly prohibits age discrimination in hiring, promotions, discharge, compensation, terms, conditions, and privileges of employment.

Notable Cases: Justice Prevails

Several high-profile cases have highlighted the prevalence of age discrimination and the legal recourse available. Organizations like J&M Industries and Pete’s Car Smart have been held accountable for wrongful terminations and discriminatory practices. In another instance, Scripps Clinical Medical Group faced the brunt of legal action after imposing a mandatory retirement age, thereby sidelining skilled professionals from the workforce.

$1,643,000.00 Arbitration Award Age Discrimination Case Mr. Greg Helmer of Helmer Friedman LLP obtained an award on behalf of an employee who had been discriminated against and harassed because of his age. At the time, the landmark arbitration award was reputed to be one of the largest ever received by an individual in a discrimination case. Needles v. 1928 Jewelry, Ltd., Mel Bernie & Co., et al.

Enlightening Settlements: A Financial Overview

J&M Industries: A Case Study in Age Discrimination

In a striking example of age discrimination, J&M Industries came under legal scrutiny for terminating an employee based on age, leading to a settlement of $105,000 with the Equal Employment Opportunity Commission (EEOC). As the employee neared her 65th birthday, management began questioning her retirement plans, which the employee declined, expressing her intent to continue working. Despite her clear communication, J&M Industries dismissed her, citing economic reasons and claiming her purchasing agent position was eliminated. However, this assertion was quickly undermined when, less than a month after her dismissal, a much younger male in his thirties was hired for the purportedly eliminated purchasing agent role—clear evidence that prompted the EEOC to take action.

Pete’s Car Smart: A Case of Costly Discrimination

In a definitive ageism case, Pete’s Car Smart faced legal consequences when they terminated an employee who had devoted 18 years to the company following a brief medical leave. The abrupt dismissal occurred despite years of dedicated service and was, as the courts found, a direct result of age discrimination. To resolve the suit filed under the ADEA, Pete’s Car Smart agreed to a settlement of $145,000, a costly reminder of the legal and moral imperative to uphold anti-discrimination practices in the workplace. The case has since been a touchstone in discussions about the rights of older employees and the need for vigilance against such prejudices in employment decisions.

Scripps Clinical Medical Group: An Expensive Lesson in Equality

Scripps Clinical Medical Group agreed to a substantial settlement of $6.875 million in a significant ruling that sent ripples throughout the healthcare industry. The settlement came in response to a charge of age and disability discrimination filed with the U.S. Equal Employment Opportunity Commission (EEOC). The medical group had enforced a mandatory retirement policy that required physicians to retire at a certain age, overlooking their actual capability to perform their duties. This blanket policy disregarded individual qualifications and abilities, effectively discriminating against a class of physicians solely based on age and, in some cases, disability. The hefty settlement marks one of the most notable resolutions in the healthcare sector and emphasizes the costly consequences of disregarding federal non-discrimination laws.

The Impact of Age Discrimination on Mature Employees

Stalled Career Progression and Unemployment

Age discrimination can significantly impede a mature employee’s career path. The lack of promotions and lay-offs due to age can disrupt a lifetime of work and dedication to an organization. Sadly, many employees find themselves unexpectedly unemployed with limited prospects for re-employment.

The Psychological Toll

Job insecurity and the perceived value placed on youth can lead to severe psychological stress, anxiety, and a sense of identity crisis among mature employees. These psychological effects not only impact individual employees but can also decrease workplace morale and job satisfaction.

Challenges Faced by Mature Job Seekers

Overcoming Age-Related Barriers

For job seekers over 40, the path to employment is rife with age-related hurdles. Some employers hold onto the stereotype that older workers are less adaptable to technology, less productive, or more expensive, leading to difficulties securing new employment opportunities.

Dispelling Misconceptions

Educating employers and challenging misconceptions about older workers is vital. Experience, wisdom, and loyalty are just a few of the many assets that older job seekers bring. It is vital to shift the narrative from one of burden to one of value and contribution.

The Role of HR Professionals in Combatting Ageism

Proactive Prevention Strategies

HR professionals are pivotal in creating a workplace culture that celebrates age diversity. By implementing policies that promote equal opportunities and fair treatment, they can set the standard for inclusiveness within the organization.

Training and Initiatives

Regular training on anti-discrimination laws coupled with diversity initiatives can help sensitize the workforce and prevent discriminatory practices. By fostering an environment where every employee feels valued, HR professionals can actively work to eliminate ageism.

Conclusion: A Call for Inclusivity

In conclusion, age discrimination is a serious issue that demands our attention. Employers and employees must advocate for inclusivity, respect, and fairness in the workplace. By understanding the laws, sharing in the victories of significant cases, and being cognizant of mature workers’ challenges, we can collectively work towards a future where age does not dictate professional worth. It is only through these collective efforts that we can create a workplace that is truly equitable and representative of the diverse talent pool available to us.

It is also important to note that age discrimination is a complex issue that may require legal intervention. If you or someone you know has been a victim of age discrimination, consider seeking legal advice from an experienced employment lawyer of Helmer Friedman LLP Age Discrimination Lawyers in Los Angeles. Together, we can help ensure that no one loses their job due to age.

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Age Discrimination by Medical Group Imposing Mandatory Retirement Age

Age Discrimination lawyers in Los Angeles safeguard your rights to a workplace free from age discrimination.

Scripps Clinical Medical Group recently settled an age and disability discrimination charge filed with the U.S. Equal Employment Opportunity Commission (EEOC). The federal agency investigated the allegations and found that the company violated the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA) by imposing a mandatory retirement age on physicians, regardless of their abilities to perform their jobs.

To settle the case, Scripps Clinical Medical Group entered into a four-year conciliation agreement with the EEOC. The company will pay $6,875,000 to a class of individuals impacted by the mandatory retirement policy. Additionally, the company has rescinded the policy, and the Board of Directors will reaffirm this action.

Scripps Clinical Medical Group will inform employees that the company does not have any policy in which age is a factor in making employment decisions. The company will also review, revise, and distribute its policies and procedures against discrimination based on age and disability. Moreover, it will require division heads, department heads, executive leadership, and members of human resources to attend training on the ADEA and ADA. The EEOC will monitor compliance with this agreement.

The EEOC Chair Charlotte A. Burrows emphasized the importance of protecting older workers and identified discrimination against them as one of the Commission’s priorities in its new Strategic Enforcement Plan. Anna Y. Park, the regional attorney for the EEOC’s Los Angeles District Office, commended Scripps Clinical Medical Group for addressing the concerns in this charge and for rescinding its discriminatory policy.

Jacquelyn Famber, director of the EEOC’s San Diego Office, noted that mandatory retirement age based on assumptions and stereotypes is against the law, and the EEOC will continue to pursue such discriminatory policies. Older workers are valuable members of our workforce, and their age should not be used to make employment-based decisions.